Order of the Court (Sixth Chamber) of 28 September 2004 in Case C-115/03 (request for a preliminary ruling from the Tribunale Civile di Genova [Genoa District Court]): Eco Eridiana S.r.l. v Presidenza del Consiglio di Ministri and Ministero dell'Ambiente (Article 104(3) of the Rules of Procedure — Management of waste — Hazardous waste — Directive 91/689/EEC — Article 4 — Meaning of ‘producer of waste’ — Whether or not natural persons are included)
Date: 2004-12-18
Institutions: Court of Justice
Subjects: dental medicine, hazardous waste, health legislation, interpretation of the law

18.12.2004

EN

Official Journal of the European Union

C 314/3

G. Amorelli and D. Ciano) — the Court (Third Chamber),
composed of A. Rosas (Rapporteur), President of the Chamber,
J.-P. Puissochet, A. Borg Barthet, J. Malenovský, U. Lõhmus,
Judges, Advocate General: F. G. Jacobs, Registrar: R. Grass, has
given a judgment on 27 September 2004, in which it:

1) Dismisses the appeal.

2) Orders the Union européenne de radio-télévision (UER) to pay the

costs.

(1) OJ C 55 of 8.3.2003.

ORDER OF THE COURT

(Sixth Chamber)

of 28 September 2004

Appeal brought on 23 September 2004 (Fax: 16.9.04) by
the Commission of the European Communities against the
judgment delivered on 1 July 2004 by the Court of First
Instance of the European Communities (Fourth Chamber,
Extended Composition)
in Case T-308/00 between
Salzgitter AG, supported by the Federal Republic of
the Commission of
European
Germany,
Communities

and

the

(Case C-408/04 P)

(2004/C 314/06)

Instance of

An appeal against the judgment delivered on 1 July 2004 by
the European Communities
the Court of First
(Fourth Chamber, Extended Composition)
in Case T-308/00
between Salzgitter AG, supported by the Federal Republic of
Germany, and Commission of the European Communities was
brought before the Court of Justice of the European Commu-
nities on 23 September 2004 (Fax: 16.9.04) by the Commis-
sion of
the European Communities, represented by Viktor
Kreuschitz and Michael Niejahr, with an address for service in
Luxembourg.

The applicant claims that the Court should:

in Case C-115/03 (request for a preliminary ruling from
the Tribunale Civile di Genova [Genoa District Court]):
Eco Eridiana S.r.l. v Presidenza del Consiglio di Ministri
and Ministero dell'Ambiente

1. Set aside the judgment of the Court of First Instance of 1
July 2004 in Case T-308/00 (1) between Salzgitter AG and
the Commission of the European Communities;

(Article 104(3) of the Rules of Procedure — Management of
waste — Hazardous waste — Directive 91/689/EEC —
Article 4 — Meaning of ‘producer of waste’ — Whether or
not natural persons are included)

2. Refer the case back to the Court of First Instance;

3. Order Salzgitter AG to pay the costs.

(2004/C 314/05)

(Language of the case: Italian)

In Case C-115/03: request
for a preliminary ruling under
Article 234 EC from the Tribunale Civile di Genova (Italy),
made by decision of 10 March 2003, received at the Court on
17 Mar 2003, in proceedings between Eco Eridiana S.r.l. and
Presidenza del Consiglio di Ministri and Ministero dell'Am-
biente, the Court (Sixth Chamber), composed of J.-P. Puissochet,
President of the Chamber, S. von Bahr (Rapporteur), and A.
Borg Barthet,
Judges; Advocate General: M. Poiares Maduro;
Registrar: R. Grass, made an order on 28 September 2004, the
operative part of which is as follows:

The obligation to keep a record of hazardous waste pursuant
to
Article 4 of Council Directive 91/689/EEC of 12 December 1991
on hazardous waste applies to all producers of such waste, including
dental surgeons' practices, and not only to producers of hazardous
waste which carry on their business in the form of an undertaking or
institution.

Pleas on appeal and main arguments:

By the judgment under appeal, the Court of First Instance
annulled Articles 2 and 3 of Decision 2000/797/ECSC on State
aid granted by the Federal Republic of Germany to Salzgitter
AG, Preussag Stahl AG and the group's steel-industry subsidi-
aries. By means of the repealed provisions, the Commission
ordered the Federal Republic of Germany to recover illegal and
incompatible aid from the beneficiary.

Pursuant to Article 1 of that decision, the special depreciation
allowances and the tax-free reserves, which the applicant was
the Zonenrandförderungsgesetz
granted under Article 3 of
(German law on the development of the border zone between
the former German Democratic Republic and the former
Czechoslovak Socialist Republic, the ‘ZRFG’) and of which the
applicant had been the recipient in respect of eligible bases of
DEM 484 million and DEM 367 million respectively, were
declared by the Commission as incompatible with the common
market, but were not annulled. The Zonenrandförderungsgesetz
was approved by the Commission under Article 92(2)(c) of the
EC Treaty — now Article 87(2)(c) EC. The ECSC Treaty does
not contain a comparable provision. Thus although the aid
granted to Salzgitter AG is incompatible with the common
market, it cannot be recovered.