Case C-176/05: Judgment of the Court (First Chamber) of 1 March 2007 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — KVZ retec GmbH v Republik Österreich (Waste — Regulation (EEC) No 259/93 — Supervision and control of shipments of waste — Meat-and-bone meal)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: cereal substitute, export monitoring, export of waste, interpretation of the law, surveillance concerning imports

C 95/8

EN

Official Journal of the European Union

28.4.2007

Operative part of the judgment

The Court:

1. Declares that, by requiring a transfer licence for the putting into
lawfully registered and used in another
circulation of vehicles
Member State, as provided for by Decree No 1598/1995 on
vehicle
registration (asetus ajoneuvojen rekisteröinnistä (1598/
1995)) of 18 December 1995, the Republic of Finland has failed
to fulfil its obligations under Articles 28 EC and 30 EC;

2. Orders the Republic of Finland to pay the costs.

Commission Regulation (EC) No 2557/2001 of 28 December 2001,
the shipment of meat-and-bone meal classified as waste on account of
a requirement or intention to discard it, which is destined for recovery
only and listed in Annex II to that regulation, is excluded from the
scope of the provisions of the regulation except as provided for in
Article 1(3)(b) to (e), Article 11 and Article 17(1) to (3) thereof.
However, it is for the national court to ensure that that shipment takes
place in compliance with the requirements arising from the provisions
of Regulation (EC) No 1774/2002 of the European Parliament and
of the Council of 3 October 2002 laying down health rules concerning
animal by-products not intended for human consumption, as amended
by Commission Regulation (EC) No 808/2003 of 12 May 2003,
amongst which those of Articles 7, 8 and 9 and of Annex II to the
regulation may prove to be relevant.

(1) OJ C 93, 16.4.2005.

(1) OJ C 143, 11.6.2005.

Judgment of the Court (First Chamber) of 1 March 2007
(reference for a preliminary ruling from the Landesgericht
für Zivilrechtssachen Wien — Austria) — KVZ retec
GmbH v Republik Österreich

(Case C-176/05) (1)

Judgment of the Court (First Chamber) of 8 March 2007
(Reference for a preliminary ruling from the Rovaniemen
hallinto-oikeus (Finland)) — Länsstyrelson i Norrbottens
län v Lapin liitto

(Waste — Regulation (EEC) No 259/93 — Supervision and
control of shipments of waste — Meat-and-bone meal)

(Case C-289/05) (1)

(2007/C 95/12)

Language of the case: German

(Regulation (EC) No 1685/2000 — Annex — Point 1.8 of
Rule No 1 — Structural Funds — Eligibility of expenditure —
Taking into account of overheads)

Referring court

Landesgericht für Zivilrechtssachen Wien

Parties to the main proceedings

Applicant: KVZ retec GmbH

Defendant: Republik Österreich

(2007/C 95/13)

Language of the case: Finnish

Referring court

Rovaniemen hallinto-oikeus

Parties to the main proceedings

Re:

Applicant: Länsstyrelson i Norrbottens län

Preliminary ruling — Landesgericht für Zivilrechtssachen Wien
— Interpretation of Article 1(2)(d) and Article 26(1)(a) and (b)
of 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 (OJ 1993 L 30, p. 1) —
Meat-and-bone meal shipments — Obligation to notify

Defendant: Lapin liitto

Re:

Operative part of the judgment

Under Article 1(3)(a) of Council Regulation (EEC) No 259/93 of
1 February 1993 on the supervision and control of shipments of waste
into and out of the European Community, as amended by
within,

Reference for a preliminary ruling — Rovaniemen hallinto-
oikeus — Interpretation of Point 1.7 of Rule No 1 in the Annex
to Commission Regulation (EC) No 1685/2000 of 28 July 2000
laying down detailed rules for the implementation of Council
Regulation (EC) No 1260/1999 as regards eligibility of expendi-
ture of operations co-financed by the Structural Funds (OJ 2000
L 193, p. 39) — Taking into account of overheads