Order of the Court (Fifth Chamber) of 27 February 2003 In Joined Cases C-307/00 to C-311/00 (Reference for a preliminary ruling from the Raad van State): Oliehandel Koeweit BV (C-307/00), Slibverwerking Noord-Brabant NV, Glückauf Sondershausen Entwicklungs- und Sicherungsgesellschaft mbH (C-308/00), PPG Industries Fiber Glass BV (C-309/00), Stork Veco BV (C-310/00), Sturing Afvalverwĳdering Noord-Brabant NV, Afvalverbranding Zuid Nederland NV, Mineralplus Gesellschaft für Mineralstoffaufbereitung und Verwertung mbH, formerly UTR Umwelt GmbH (C-311/00) and Minister van Volkshuisvesting, Ruimtelĳke Ordening en Milieubeheer (Article 104(3) of the Rules of Procedure — Environment — Directive 75/442/EEC on waste — Regulation (EEC) No 259/93 concerning the shipment of waste — Directive 75/439/EEC on the disposal of waste oils — Classification — Waste disposal and recovery operations — Objections to shipments — Legal basis — Illegal shipments)
Date: 2003-04-26
Institutions: Court of Justice
Subjects: chemical product, environmental protection, interpretation of the law, public health, transport of dangerous goods, waste disposal, waste management

26.4.2003

EN

Official Journal of the European Union

C 101/11

ORDER OF THE COURT

(Fifth Chamber)

of 27 February 2003

In Joined Cases C-307/00 to C-311/00 (Reference for a
preliminary ruling from the Raad van State): Oliehandel
Koeweit BV (C-307/00), Slibverwerking Noord-Brabant
NV, Glückauf Sondershausen Entwicklungs- und Siche-
rungsgesellschaft mbH (C-308/00), PPG Industries Fiber
Glass BV (C-309/00), Stork Veco BV (C-310/00), Sturing
Afvalverwijdering Noord-Brabant NV, Afvalverbranding
Zuid Nederland NV, Mineralplus Gesellschaft für Mine-
ralstoffaufbereitung und Verwertung mbH, formerly UTR
Umwelt GmbH (C-311/00) and Minister van Volks-
huisvesting, Ruimtelijke Ordening en Milieubeheer (1)

(Article 104(3) of the Rules of Procedure — Environment —
Directive 75/442/EEC on waste — Regulation (EEC)
No 259/93 concerning the shipment of waste — Directive
75/439/EEC on the disposal of waste oils — Classification
— Waste disposal and recovery operations — Objections to
shipments — Legal basis — Illegal shipments)

(2003/C 101/19)

(Language of procedure: Dutch)

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

biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
L 243, p. 31) and Council Directive 75/439/EEC of 16 June
1975 on the disposal of waste oils (OJ 1975 L 194, p. 23), as
amended by Council Directive 87/101/EEC of 22 December
1986 (OJ 1987 L 42, p. 43), and on the validity of
Article 4(3)(b)(i) of Regulation No 259/93, the Court (Fifth
Chamber), composed of: D.A.O. Edward, acting for the
President of the Fifth Chamber, A. La Pergola (Rapporteur),
P. Jann, S. von Bahr and A. Rosas, Judges; P. Léger, Advocate
General; R. Grass, Registrar, has made an order on 27 February
2003, the operative part of which is as follows:

1.

Recovery operations involving the recycling or reclamation of
metals and metal compounds or the recycling or reclamation of
other inorganic materials, as referred to in operations R4 and
R5, respectively, of Annex IIB to Council Directive 75/442/
EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991 and by Commission
Decision 96/350/EC of 24 May 1996, may also cover the re-
use referred to in Article 3(1)(b)(i) of that directive. Those
operations do not necessarily imply that
the substance in
question undergoes processing, can be used several times or can
subsequently be reclaimed.

2. A waste treatment operation may not be classified simul-
taneously as both disposal and recovery within the meaning of
Directive 75/442, as amended by Directive 91/156 and by
Decision 96/350. Where an operation, having regard solely to
its wording, may a priori be covered by a disposal operation set
out in Annex IIA to that directive or a recovery operation
referred to in Annex IIB to that directive, it must be determined
on a case-by-case basis whether the main objective of the
operation in question is that the waste should serve a useful
purpose, by replacing the use of other materials which would
have had to be used to fulfil that function, and in such a case
to uphold the classification as recovery.

3.

4.

In Joined Cases C-307/00 to C-311/00: References to the
Court under Article 234 EC by the Raad van State (Netherlands)
for preliminary rulings in the proceedings pending before that
court between Oliehandel Koeweit BV (C-307/00), Slib-
verwerking Noord-Brabant NV, Glückauf Sondershausen
Entwicklungs- und Sicherungsgesellschaft mbH (C-308/00),
PPG Industries Fiber Glass BV (C-309/00), Stork Veco BV
(C-310/00), Sturing Afvalverwijdering Noord-Brabant NV,
Afvalverbranding Zuid Nederland NV, Mineralplus Gesellschaft
für Mineralstoffaufbereitung und Verwertung mbH, formerly
UTR Umwelt GmbH (C-311/00) and Minister van Volkshuis-
vesting, Ruimtelijke Ordening en Milieubeheer, on the
interpretation 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), Council Directive 75/442/EEC of 15 July
1975 on waste (OJ 1975 L 194, p. 39), as amended by Council
Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32)
and by Commission Decision 96/350/EC of 24 May 1996
(OJ 1996 L 135, p. 32), Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated

The classification chosen by the competent authorities of the
Member State of destination as regards a given waste treatment
operation does not prevail over the classification chosen by the
competent authorities of the Member State of dispatch, any
more than the classification chosen by the latter prevails over
that chosen by the competent authorities of the Member State
of destination.

It follows from the system put in place by 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 that, when the competent authority of
the Member State of dispatch forms the view that the purpose
of a waste shipment has been incorrectly classified as recovery
in the notification, that authority must base its objection to the
shipment on the ground of that error in classification, without
reference to a particular provision of that regulation which, such
as Article 4(3)(b)(i) in particular, defines the objections which
Member States may make to shipments of waste for disposal.

C 101/12

EN

Official Journal of the European Union

26.4.2003

5. Having regard to Article 8(2)(b) of Council Directive 75/439/
EEC of 16 June 1975 on the disposal of waste oils, as amended
by Council Directive 87/101/EEC of 22 December 1986, the
shipment of waste oils containing more than 50 ppm of PCB
for use as a fuel constitutes illegal traffic in waste within the
meaning of Article 26(1)(e) of Regulation No 259/93, to
which the competent authority is required to object on the
ground solely of that illegality, without reference to any of the
specific provisions of that regulation setting out the objections
which Member States may raise to waste shipments.

( 1) OJ C 335 of 25.11.2000.

ORDER OF THE COURT

(Fourth Chamber)

of 25 February 2003

in Case C-445/01 (reference for a preliminary ruling from
the Tribunale di Biella): Roberto Simoncello, Piera Boerio
v Direzione Provinciale di Lavoro (1)

(Freedom of establishment — Freedom of movement for
workers — Public undertaking — Requirements concerning
hiring of workers — Inadmissibility)

(2003/C 101/20)

(Language of the case: Italian)

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

In Case C-445/01: reference to the Court under Article 234
EC from the Tribunale di Biella (Italy) for a preliminary ruling
in the proceedings pending before that court between Roberto
Simoncello, Piera Boerio and Direzione Provinciale di Lavoro
— on the interpretation of Articles 48 and 52 of the EC Treaty
(now, after amendment, Articles 39 EC and 43 EC), and
Article 90 of the EC Treaty (now Article 86 EC) — the
Court (Fourth Chamber), composed of: C.W.A. Timmermans
(Rapporteur), President of the Chamber, A. La Pergola and
Judges; D. Ruiz-Jarabo Colomer, Advocate
S. von Bahr,
General; R. Grass, Registrar, has made an order on 25 February
2003, in which it has ruled:

The reference for a preliminary ruling made by the Tribunale di Biella
by order of 18 October 2001 is inadmissible.

(1) OJ C 84 of 6 April 2002.

ORDER OF THE COURT OF JUSTICE

(Fourth Chamber)

of 5 December 2002

in Case C-461/01 P: Polyxeni Tessa and Andreas Tessas v
Council of the European Union (1)

(Appeal — State aid — Decision adopted on the basis of the
third subparagraph of Article 93(2) of the EC Treaty (now
the third subparagraph of Article 88(2) EC — Application
for annulment — Appeal in part manifestly inadmissible
and in part manifestly unfounded)

(2003/C 101/21)

(Language of the case: Greek)

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

In Case C-461/01 P, Polyxeni Tessa and Andreas Tessas,
(lawyer: A. Tessas) — appeal
residing in Larissa (Greece),
against the order of the Court of First Instance of the European
Communities (Fourth Chamber Extended Composition) of
11 September 2001 in Case T-270/99 Tessa and Tessas v
Council [2001] ECR II-2401, and seeking the annulment of
that order, the other parties to the proceedings being: the
Council of the European Union,
J. Carbery and
D. Zahariou), and the Hellenic Republic, (Agents: I. Chalkias
and P. Mylonopoulos), — the Court of Justice (Fourth Chamb-
er), composed of M. Timmermans, (Judge-Rapporteur), Presi-
dent of the Chamber, D.A.O. Edward and S. von Bahr, Judges;
Advocate General F.G. Jacobs; Registrar: R. Grass, made an
order on 5 December 2002, the operative part of which is as
follows:

(Agents:

1.

The appeal is dismissed.

2. Ms Tessa and Mr Tessas will bear their own costs and pay
those of the Council. The Hellenic Republic will bear its own
costs.

(1) OJ C 17 of 19.1.2002.