Case C-265/05: Reference for a preliminary ruling from the Cour de cassation (France) by order of that court of 21 June 2005 in José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie
Date: 2005-09-03
Institutions: Court of Justice
Subjects: interpretation of the law, social security legislation, social-security benefit, social-security harmonisation, worker (EU)

C 217/28

EN

Official Journal of the European Union

3.9.2005

2. order the Italian Republic to pay the costs.

the provisions of the directive,
national law may not derogate.

from which a provision of

Pleas in law and main arguments

(1) OJ L 78 of 26/03/1991, p.32
(2) OJ L 194 of 25 July 1975, p. 39

The references made in Article 14(1)(a) and (b) of Law No
178/2002 to ‘disposal and recovery activities’ and to ‘disposal
and recovery operations’ respectively is followed in both cases
by the addition of ‘in accordance with Annexes B and C to
Legislative Decree No 22’.

Such an addition, which does not however appear in the text
of subparagraph (c) of that article, would seem to draw a
distinction between, on the one hand, disposal or recovery
operations in general and, on the other,
those specifically
referred to in Annexes B and C to Legislative Decree No 22/97.

Reference for a preliminary ruling from the Cour de cassa-
tion (France) by order of that court of 21 June 2005 in
José Perez Naranjo v Caisse régionale d'assurance maladie
(CRAM) Nord-Picardie

In the light of such a distinction, it is quite apparent from a
reading of Article 6(1)(a) of Legislative Decree No 22/97 in
conjunction with Article 14(a) and (b) of Law No 178/2002
that the effect of the latter provision is to circumscribe the
scope of the concept of waste, which might not include all the
materials, substances or goods falling within the categories in
Annex A that the holder sends for, or subjects to, any disposal
or recovery operation or intends to, but might rather include
only those in respect of which disposal or recovery operations
among those expressly listed in Annexes B and C to Legislative
Decree No 22/97 have been carried out or are contemplated.

In the system defined by the Italian legislature, in which the
concept of waste is made to depend incontrovertibly on those
conditions, all those materials, substances or goods referred to
in annex A that the holder sends for, or subjects to, or intends
to send for or subject to, disposal operations not listed in
Annex B to Legislative Decree No 22/97 or recovery operations
not listed in Annex C thereto are therefore excluded from clas-
sification as waste, and as a result from being subject to the
rules on the management of waste.

The Commission takes the view that that exclusion constitutes
an improper restriction of the concept of waste and therefore
of the ambit of the Italian legislation on the management of
waste. As a matter of fact, the effect of the interpretation put
forward by the Italian legislature is to limit the application of
the provisions of the directive to those cases alone which are
identified in the Italian legislation, excluding from its ambit
other cases, not deductively foreseeable, which could on the
contrary be subject to it and in relation to which a broad inter-
pretation of the concept of waste, such as that affirmed in para-
graph 36 of the judgment in Palin Granit, is essential. The adop-
tion of such a position by the Italian legislature runs counter to

(Case C-265/05)

(2005/C 217/55)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Cour de cassation (France)
of 21 June 2005, received at the Court Registry on 27 June
2005, for a preliminary ruling in the proceedings between José
Perez Naranjo and Caisse
régionale d'assurance maladie
(CRAM) Nord-Picardie on the following question:

Is Community law to be interpreted as meaning that
the
supplementary allowance at issue, listed in Annex IIa to Regu-
lation 1408/71, is of a special and non-contributory character,
thereby excluding, pursuant to Articles 10a and 95b of Regu-
lation 1408/71 (1),
its award to a non-resident who did not
satisfy the age condition on 1 June 1992, or as meaning that it
constitutes a social
therefore,
pursuant to Article 19(1) of that regulation, be provided to the
person concerned who satisfies the conditions for its award,
irrespective of the Member State in which that person is resi-
dent?

security benefit and must

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on
the application of social security schemes to employed persons and
their families moving within the Community (OJ 1974 L 149, p. 2)