Case C-457/02: Reference for a preliminary ruling by the Tribunale Penale di Terni (Italy) by order of that court of 20 November 2002 in criminal proceedings against Antonio Niselli
Date: 2003-02-08
Institutions: Court of Justice
Subjects: interpretation of the law, interpreting, waste, waste management, waste recycling

C 31/14

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Official Journal of the European Union

8.2.2003

— Lump-sum financial corrections have already been
imposed in respect of the crop years 1994, 1995 and
1996 for the same reason; lack of a statement of reasons,
or otherwise an insufficient statement of reasons, because
of an error as to the facts, of misappraisal of the facts and
of a failure to take account of relevant matters.

Pleas in law and main arguments

The time-limit for transposition expired on 31 July 2001.

— In the alternative: the Commission lacked competence
ratione temporis; incorrect interpretation and application
of Article 5(2)(c) of Regulation No 729/70 and
Article 8(1) of Regulation No 1663/95.

(1) OJ 1999 L 201, p. 77.

( 1) OJ No L 61, 10.3.1999, p. 37.
( 2) OJ No L 280, 18.10.2002, p. 88.

Reference for a preliminary ruling by the Tribunale Penale
di Terni (Italy) by order of that court of 20 November
2002 in criminal proceedings against Antonio Niselli

Action brought on 11 December 2002 by the Commission
of the European Communities against the Kingdom of
Spain

(Case C-449/02)

(2003/C 31/20)

(Case C-457/02)

(2003/C 31/21)

An action against the Kingdom of Spain was brought before the
Court of Justice of the European Communities on 11 December
2002 by the Commission of the European Communities,
represented by Maria Patakia, Legal Adviser, and Isabel Martí-
nez del Peral, of its Legal Service, acting as Agents.

The applicant claims that the Court should :

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 1999/42/EC (1) of the European Parliament and
of the Council of 7 June 1999 establishing a mechanism
for the recognition of qualifications in respect of the
professional activities covered by the Directives on liberal-
isation and transitional measures and supplementing the
general systems for the recognition of qualifications or,
in any event, by failing to communicate them, the
Kingdom of Spain has failed to fulfil its obligations under
that directive;

— Order the Kingdom of Spain to pay the costs.

Reference has been made to the Court of
Justice of the
European Communities by order of the Tribunale Penale di
Terni (Italy) of 20 November 2002, which was received at the
Court Registry on 18 December 2002,
for a preliminary
ruling in criminal proceedings against Antonio Niselli on the
following questions to determine whether the definition of
‘waste’ introduced by Directive 75/442/EEC (1), as amended by
Directive 91/156/EEC (2), must continue to be understood and
interpreted for the time being in Italy in the light of the case-
law of the Court of Justice cited above or in the light of
Article 14 of Legislative Decree No 138 of 8 July 2002,
converted into Law No 178 of 8 August 2002:

Must the concept of waste be strictly subject to the following
conditions: that the words ‘discards’, ‘intends to discard’ or ‘is
required to discard’,
introduced into Italian law by
Article 6(1)(a) of Legislative Decree No 22 of 5 February 1997,
are to be interpreted as follows:

(a)

‘discards’: any conduct whereby, directly or indirectly,
substances, materials or goods are disposed of or subject-
ed to disposal or recycling, in accordance with Annexes B
and C to Legislative Decree No 22;

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Official Journal of the European Union

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(b)

(c)

‘intends to discard’: the intention to subject substances,
materials or goods to disposal or recycling, in accordance
with Annexes B and C to Legislative Decree No 22;

‘is required to discard’: the obligation to submit sub-
stances, materials or goods to for recycling or disposal as
a result of a statutory provision, a measure laid down by
a public authority or of the nature of the substances,
materials or goods themselves, or because they are
included in the list of hazardous waste set forth in
Annex D to Legislative Decree No 22?

(a)

(b)

they can and are in fact and objectively reutilised for the
same or similar or different production or consumption
purposes, provided they have not previously been dis-
posed of and do not harm the environment;

they can and are in fact and objectively reutilised for the
same or similar or different production or consumption
purposes, after having previously been disposed of,
provided that no recycling of the kind mentioned in
Annex C to Legislative Decree No 22/97, in force in Italy
(which faithfully reproduces Annex II B to Directive 91/
156/EEC), is necessary?

Does the concept of ‘waste’ not apply to materials, goods or
substances which are production or consumption residue
where:

(1) OJ 1975 L 194, p. 39.
(2) OJ 1991 L 78, p. 32.