Order of the Court (Fifth Chamber) 12 December 2003 in Case C-258/02 P: Bactria Industriehygiene-Service Verwaltungs GmbH v Commission of the European Communities
Date: 2004-04-17
Institutions: Court of Justice
Subjects: action for annulment (EU), chemical industry, chemical product, marketing, public health

17.4.2004

EN

Official Journal of the European Union

C 94/13

ORDER OF THE COURT

(Third Chamber)

10 December 2003

in Case C-204/02 P: Colin Joynson v Commission of the
European Communities (1)

(Appeal — Agreements — Standard leases for public
houses — Appeal manifestly inadmissible and manifestly
unfounded)

(2004/C 94/24)

(Language of the case: English)

In Case C-204/02 P: Colin Joynson, residing in Manchester
(United Kingdom),
represented by S. Ferdinand, Solicitor:
Appeal against the judgment of the Court of First Instance of
the European Communities (Third Chamber) of 21 March
2002 in Case T 231/99 Joynson v Commission [2002] ECR II
2085, seeking to have that judgment set aside, the other parties
to the proceedings being: Commission of
the European
Communities (Agents: K. Wiedner, assisted by N. Khan), with
an address for service in Luxembourg, Six Continents plc,
formerly Bass plc, established in London (Agents: J. Block and J.
Baxter), with an address for service in Luxembourg, the Court
(Third Chamber), composed of: C. Gulmann (Rapporteur),
acting for the President of the Third Chamber,
J.N. Cunha
Rodrigues and J. P. Puissochet, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has made an order on 10
December 2003, the operative part of which is as follows:

1. The appeal is dismissed.

2. Mr Joynson shall pay the costs.

(1) OJ C 191 of 10.08.2002.

ORDER OF THE COURT

(Third Chamber)

15 January 2004

in Case C-235/02 (Reference for a preliminary ruling by
the Giudice per le indagini preliminari of the Tribunale di
Gela): in the criminal proceedings against Mario Antonio
Saetti and Andrea Frediani (1),

(Article 104(3) of the Rules of Procedure — Directives
75/442/EEC and 91/156/EEC — Waste management —
Definition of ‘waste’ — Petroleum coke)

(2004/C 94/25)

(Language of the case: Italian)

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), the
Court (Third Chamber), composed of: C. Gulmann, acting as
President of the Third Chamber, J.-P. Puissochet (Rapporteur)
and F. Macken, Judges; J. Kokott, Advocate General; R. Grass,
Registrar, has made an order on 15 January 2004, the opera-
tive part of which is as follows:

Petroleum coke which is produced intentionally or in the
course of producing other petroleum fuels in an oil refinery
and is certain to be used as fuel to meet the energy needs of
the refinery and those of other industries does not constitute
waste within the meaning of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991.

(1) OJ C 202 of 24.08.2002.

ORDER OF THE COURT

(Fifth Chamber)

12 December 2003

in Case C-258/02 P: Bactria Industriehygiene-Service
the European
Verwaltungs GmbH v Commission of

Communities (1)

(Appeal — Regulation (EC) No 1896/2000 — Biocidal
products — Action for annulment — Inadmissible —
Appeal manifestly unfounded)

(2004/C 94/26)

(Language of the case: English)

In Case C-258/02 P: Bactria Industriehygiene-Service Verwal-
tungs GmbH, whose registered office is in Kirchheimbolanden
(Germany), represented by K. van Maldegem and C. Mereu,
avocats: APPEAL against the order of the Court of First Instance
of the European Communities (Second Chamber) of 29 April
2002 in Case T-339/00 Bactria v Commission [2002] ECR II-
2287, seeking to have that order set aside, the other parties to
the proceedings being: Commission of the European Commu-
nities (Agents: R.B. Wainwright and L. Ström), with an address
for service in Luxembourg, Eurobrom BV, established in Rijs-
wijk (Netherlands), Lonza GmbH, established in Wuppertal
(Germany), Arch Chemicals SA, established in Paris (France),
and Troy Chemical Company BV, established in Maassluis
(Fifth Chamber), composed of: C.
(Netherlands),
the Court
Gulmann (Rapporteur), President of
the Chamber, A. La
Pergola and R. Silva de Lapuerta, Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, has made an order on 12
December 2003, the operative part of which is as follows:

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

1. The appeal is dismissed.

In Case C-235/02: Reference to the Court under Article 234 EC
by the Giudice per le indagini preliminari of the Tribunale di
Gela (Italy) for a preliminary ruling in the criminal proceedings
before that court against Mario Antonio Saetti and Andrea
Frediani, on the interpretation of Articles 1(a) and (f), 2(1)(b)
and 4 of Council Directive 75/442/EEC of 15 July 1975 on

2. Bactria

Industriehygiene-Service Verwaltungs GmbH is

ordered to pay the costs.

(1) OJ C 233 of 28.09.2002.