Judgment of the Court (Grand Chamber) of 5 October 2004 in Case C-442/02 (reference for a preliminary ruling from the Conseil d'État): Caixa-Bank France v Ministère de l'Économie, des Finances et de l'Industrie (Freedom of establishment — Credit institutions — National legislation prohibiting the payment of remuneration on sight accounts)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: bank, credit institution, economic analysis, interpretation of the law, provision of services, right of establishment

4.12.2004

EN

Official Journal of the European Union

C 300/15

2. Orders the Hellenic Republic to pay the costs.

3. Orders the Commission of the European Communities to bear

one-fifth of the costs;

(1) OJ C 31 of 8.2.2003.

4. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear four-fifths of the costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 12 October 2004

in Case C-431/02: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Hazardous waste — Failure of a State to fulfil obligations
— Directive 91/689/EEC)

JUDGMENT OF THE COURT

(Grand Chamber)

of 5 October 2004

in Case C-442/02 (reference for a preliminary ruling from
the Conseil d'État): Caixa-Bank France v Ministère de
l'Économie, des Finances et de l'Industrie (1)

(2004/C 300/29)

(Freedom of establishment — Credit institutions — National
legislation prohibiting the payment of remuneration on sight
accounts)

(Language of the case: English)

(2004/C 300/30)

(Language of the case: French)

In Case C-431/02: Commission of the European Communities
(Agents: X. Lewis and M. Konstantinidis) v United Kingdom of
Great Britain and Northern Ireland (Agents: P. Ormond and K.
Manji, assisted by M. Demetriou, Barrister) — action under
Article 226 EC for failure to fulfil obligations, brought on
28 November 2004 Ä the Court (Third Chamber), composed
of: A. Rosas, President of the Chamber, A. Borg Barthet, F.
Macken (Rapporteur), S. von Bahr, and U. Lõhmus,
Judges;
Advocate General: P. Léger, Registrar: R. Grass, has given a
judgment on 12 October 2004, in which it:

1. Declares that, by failing to adopt all the measures necessary to
comply with its obligations under Articles 1(4) and (5), 2(1), (2)
and (4), 3(1) to (4), 4(1) to (3) and 5(2) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20), the United Kingdom of Great Britain and
Northern Ireland has failed to fulfil
its obligations under that
Directive and under the EC Treaty;

2. Dismisses the remainder of the action;

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

received at

In Case C-442/02: Reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (France), made by deci-
sion of 6 November 2002,
the Court on 5
December 2002,
in the proceedings brought by Caixa-Bank
France against Ministère de l'Économie, des Finances et de l'In-
interveners: Banque fédérale des banques populaires
dustrie,
and Others — the Court (Grand Chamber), composed of: V.
Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann,
J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur), Presi-
dents of Chambers, R. Schintgen, N. Colneric, S. von Bahr, R.
Silva de Lapuerta and K. Lenaerts, Judges; A. Tizzano, Advocate
General; M. Múgica Arzamendi, Principal Administrator, for the
Registrar, has given a judgment on 5 October 2004, in which
it has ruled:

C 300/16

EN

Official Journal of the European Union

4.12.2004

Article 43 EC precludes legislation of a Member State which prohibits
a credit institution which is a subsidiary of a company from another
Member State from remunerating sight accounts in euros opened by
residents of the former Member State.

(1) OJ C 19 du 25.1.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 19 October 2004

JUDGMENT OF THE COURT

(Second Chamber)

of 21 October 2004

in Case C-447/02 P: KWS Saat AG v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Absolute ground for refusal — Distinctive char-
acter — Colour per se — Orange colour)

(2004/C 300/31)

(Language of the case: German)

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

In Case C-447/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice, lodged on 11 December 2002 by KWS
Saat AG, established in Einbeck (Germany)
(represented by
C. Rohnke), the other party to the proceedings being: Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agents: D. Schennen and G. Schneider) —
of:
the
C.W.A. Timmermans, President of the Chamber, C. Gulmann,
J.-P. Puissochet, N. Colneric and J.N. Cunha Rodrigues (Rappor-
teur),
Judges; P. Léger, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, has given a
judgment on 21 October 2004, in which it:

Chamber),

composed

(Second

Court

1. dismisses the appeal;

2. orders KWS Saat AG to pay the costs.

(1) OJ C 55 du 8.3.2003.

in Case C-472/02 (reference for a preliminary ruling from
the Cour d'appel de Bruxelles): Siomab SA v Institut brux-
ellois pour la gestion de l'environnement (1)

(Environment — Waste — Regulation (EEC) No 259/93 on
shipments of waste — Competence of
the authority of
dispatch to verify the classification of the purpose of a ship-
ment (recovery or disposal) and to object to a shipment based
on an incorrect classification — Objection procedure)

(2004/C 300/32)

(Language of the case: French)

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

In Case C-472/02: reference for a preliminary ruling under
Article 234 EC from the Cour d'appel de Bruxelles (Belgium),
made by decision of 20 December 2002, received at the Court
on 27 December 2002, in the proceedings between Siomab SA
and Institut bruxellois pour la gestion de l'environnement —
the Court (Fifth Chamber), composed of: R. Silva de Lapuerta,
President of the Chamber, C. Gulmann, (Rapporteur) and S.
von Bahr,
Judges; P. Léger, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, has given a judgment
on 19 October 2004, in which it has ruled:

is

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, as amended by Commission Decision
98/368/EC of 18 May 1998 and Commission Decision
1999/816/EC of 24 November 1999,
to be interpreted as
meaning that, where a Member State has recourse, under Article 6(8)
of that regulation, to the specific procedure whereby the competent
authority of dispatch transmits the consignment note for a shipment
of waste for recovery, that authority,
if it considers it necessary to
object to the shipment on the ground that it has been incorrectly clas-
sified by the notifier, may not reclassify the shipment on its own
initiative and is required to transmit
to the other
competent authorities and the consignee. It is then for that authority
to inform the notifier and the other competent authorities concerned of
its objection by any appropriate means before the end of the period
laid down in Article 7(2) of the Regulation at the latest.

that document

(1) OJ C 44 of 22.2.2003.