Judgment of the Court (Grand Chamber) of 14 December 2004 in Case C-463/01: Commission of the European Communities v Federal Republic of Germany (Environment — Free movement of goods — Packaging and packaging waste — Directive 94/62/EC — Exploitation and marketing of natural mineral waters — Directive 80/777/EEC — Deposit and return obligations for non-reusable packaging that depend on the overall percentage of reusable packaging)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, bottling, environmental protection, waste management

19.2.2005

EN

Official Journal of the European Union

C 45/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Grand Chamber)

has failed to fulfil its obligations under Article 5 of European
Parliament and Council Directive 94/62/EC of 20 December
1994 on packaging and packaging waste in conjunction with
Article 28 EC;

of 14 December 2004

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

in Case C-463/01: Commission of the European Commu-
nities v Federal Republic of Germany (1)

3. Orders the French Republic and the United Kingdom of Great

Britain and Northern Ireland to bear their own costs.

(Environment — Free movement of goods — Packaging and
packaging waste — Directive 94/62/EC — Exploitation and
natural mineral waters — Directive
marketing
80/777/EEC — Deposit and return obligations for non-
reusable packaging that depend on the overall percentage of
reusable packaging)

of

(1) OJ C 56 of 02.03.2002.

(2005/C 45/01)

(Language of the case: German)

JUDGMENT OF THE COURT

(First Chamber)

of 9 December 2004

In Case C-463/01: action under Article 226 EC for failure to
fulfil obligations, brought on 3 December 2001, Commission
the European Communities (Agent: G. zur Hausen)
of
supported by French Republic (Agents: G. de Bergues,
E. Puisais and D. Petrausch) and by United Kingdom of Great
Britain and Northern Ireland (Agent: initially P. Ormond and
subsequently C.
Jackson) v Federal Republic of Germany
(Agents: W.-D. Plessing and T. Rummler, assisted by D. Sellner)
– the Court (Grand Chamber), composed of V. Skouris, Presi-
dent, P. Jann and K. Lenaerts (Rapporteur), Presidents of Cham-
bers, C. Gulmann, J.-P. Puissochet, R. Schintgen, N. Colneric,
S. von Bahr and J.N. Cunha Rodrigues Judges; D. Ruiz-Jarabo
Colomer, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 14 December
2004, in which it:

1. Declares that, by establishing, through Paragraphs 8(1) and 9(2)
of
the Verordnung über die Vermeidung und Verwertung von
Verpackungsabfällen (Regulation on the Avoidance and Recovery
of Packaging Waste), a system seeking the re-use of packaging for
products which, under Council Directive 80/777/EEC of 15 July
1980 on the approximation of the laws of the Member States
relating to the exploitation and marketing of natural mineral
waters, must be bottled at source, the Federal Republic of Germany

in Case C-19/02 (reference for a preliminary ruling from
the Oberster Gerichtshof): Viktor Hlozek v Roche Austria
Gesellschaft mbH (1)

((Social policy — Male and female workers — Equal pay —
Pay — Concept — Bridging allowance (‘Überbrückungsgeld’)
provided for by a works agreement — Social plan drawn up
as part of an operation to restructure an undertaking —
Benefit granted to workers having reached a certain age at
their dismissal — Benefit granted from a
the time of
different age according to the sex of the dismissed workers —
Account taken of national statutory retirement age, different
according to sex))

(2005/C 45/02)

(Language of the case: German)

In Case C-19/02: reference for a preliminary ruling under
Article 234 EC from the Oberster Gerichtshof (Austria), made