Case C-259/05: Judgment of the Court (First Chamber) of 21 June 2007 (reference for a preliminary ruling from the Rechtbank te Rotterdam, Netherlands) — Criminal proceedings against Omni Metal Service (Regulation (EEC) No 259/93 — Waste — Cables composed of copper and PVC — Export to China for purposes of recovery — Heading GC 020 — Mixed waste — Combination of two materials mentioned in the green list of wastes — Such mixed waste not included on the green list — Consequences)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: electric cable, electronic waste, fishery management, interpretation of the law, waste recycling

4.8.2007

EN

Official Journal of the European Union

C 183/5

2) Article 12(1) of Directive 89/104 must be interpreted as meaning
that obstacles having a direct relationship with a trade mark which
make its use impossible or unreasonable and which are independent
of the will of the proprietor of that mark constitute ‘proper reasons
for non-use’ of the mark. It is for the national court or tribunal to
assess the facts in the main proceedings in the light of
that
guidance.

(1) OJ C 193, 16.8.2006.

Operative part of the judgment

1. Heading GC 020 of

the green list of wastes in Annex II to
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 Regu-
lation (EC) No 2557/2001 of 28 December 2001, is to be inter-
preted as covering wire cable only if such wire comes from electronic
equipment.

Judgment of the Court (First Chamber) of 21 June 2007
(reference for a preliminary ruling from the Rechtbank te
Rotterdam, Netherlands) — Criminal proceedings against
Omni Metal Service

(Case C-259/05) (1)

(Regulation (EEC) No 259/93 — Waste — Cables composed
of copper and PVC — Export to China for purposes of
recovery — Heading GC 020 — Mixed waste — Combination
of two materials mentioned in the green list of wastes — Such
mixed waste not included on the green list — Consequences)

(2007/C 183/07)

Language of the case: Dutch

Referring court

Rechtbank te Rotterdam

2. Regulation No

by

amended

259/93,

Regulation
as
No 2557/2001, is to be construed in such a way that the fact
that composite waste is a combination of two materials both of
which are mentioned in the green list of wastes in Annex II to that
regulation does not have the effect of making the rules laid down
by that regulation concerning the wastes mentioned on that list
applicable to such composite waste.

(1) OJ C 243, 1.10.2005.

Judgment of the Court (Second Chamber) of 14 June 2007
— Commission of the European Communities v Republic
of Finland

(Case C-342/05) (1)

(Failure of a Member State to fulfil its obligations — Directive
92/43/EEC — Conservation of natural habitats — Wild
fauna and flora — Wolf hunting)

(2007/C 183/08)

Language of the case: Finnish

Party in the criminal prosecution in the main proceedings

Parties

Omni Metal Service

Re:

Reference for a preliminary ruling — Rechtbank Rotterdam —
Interpretation 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) — Whether cable scrap with a diameter of
15 cm and composed of different materials may be classified as
electronic scrap within the meaning of heading GC 020 of the
green list
is
possible to transport such waste without the notification proce-
dure or without the need to transport it separately

to that regulation — Whether it

in Annex II

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and I. Koskinen, Agents)

Defendant: Republic of Finland (represented by: E. Bygglin,
Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
and 16(1) of Council Directive
ment of Articles 12(1)
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) —
Hunting of wolves