Judgment of the Court (Fifth Chamber) of 13 February 2003 in Case C-228/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Article 7(2) and (4) of Regulation (EEC) No 259/93 — Classification of the purpose of a shipment of waste (recovery or disposal) — Incinerated waste — Point R1 of Annex II B to Directive 75/442/EEC — Concept of use principally as a fuel or other means to generate energy)
Date: 2003-04-05
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, environmental monitoring, prevention of pollution, waste disposal

5.4.2003

EN

Official Journal of the European Union

C 83/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 February 2003

in Case C-228/00: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Failure by a Member State to fulfil
its obligations —
Article 7(2) and (4) of Regulation (EEC) No 259/93 —
Classification of the purpose of a shipment of waste (recovery
or disposal) — Incinerated waste — Point R1 of Annex II B
to Directive 75/442/EEC — Concept of use principally as a
fuel or other means to generate energy)

(2003/C 83/01)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-228/00, Commission of the European Communities
(Agent: G. zur Hausen) v Federal Republic of Germany
(Agent: T. Jürgensen, assisted by D. Sellner): Application for a
declaration that by raising unjustified objections against certain
shipments of waste to other Member States to be used
principally as a fuel the Federal Republic of Germany has failed
to fulfil its obligations under Article 7(2) and (4) of Council
Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into
and out of the European Community (OJ 1993 L 30, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of
(Rapporteur),
the
D.A.O. Edward, P. Jann and S. von Bahr, Judges; F.G. Jacobs,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 13 February 2003, in
which it:

Timmermans

Chamber,

C.W.A.

principally as a fuel, the Federal Republic of Germany has failed
to fulfil its obligations under Article 7(2) and (4) of Council
Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into and
out of the European Community;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 259 of 9.9.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 February 2003

in Case C-245/00 (Reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Stichting ter Exploitatie
van Naburige Rechten (SENA) v Nederlandse Omroep
Stichting (NOS) (1)

(Directive 92/100/EEC — Rental right and lending right
and certain rights related to copyright in the field of
intellectual property — Article 8(2) — Broadcasting and
communication to the public — Equitable remuneration)

(2003/C 83/02)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

1. Declares that by raising unjustified objections

to certain
shipments of waste to other Member States to be used

In Case C-245/00: Reference to the Court under Article 234
EC by the Hoge Raad der Nederlanden (Netherlands) for a