Case C-1/11: Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Verwaltungsgericht Mainz — Germany) — Interseroh Scrap and Metals Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM) (Environment — Regulation (EC) No 1013/2006 — Article 18(1) and (4) — Shipments of certain waste — Article 3(2) — Mandatory information — Identity of waste producers — Information not provided by the intermediary dealer — Protection of business secrets)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: Germany, export of waste, industrial secret, waste management








C_2012151EN.01000802.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/8





Judgment of the Court (Fourth Chamber) of 29 March 2012 (reference for a preliminary ruling from the Verwaltungsgericht Mainz — Germany) — Interseroh Scrap and Metals Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM)
(Case C-1/11) (1)

(Environment - Regulation (EC) No 1013/2006 - Article 18(1) and (4) - Shipments of certain waste - Article 3(2) - Mandatory information - Identity of waste producers - Information not provided by the intermediary dealer - Protection of business secrets)
2012/C 151/15
Language of the case: German

Referring court

Verwaltungsgericht Mainz

Parties to the main proceedings


Applicant: Interseroh Scrap and Metals Trading GmbH

Defendant: Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM)

Re:

Reference for a preliminary ruling — Verwaltungsgericht Mainz — Interpretation of Article 18(1) and (4) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1) — Document appearing in Annex VII to that regulation and containing details accompanying the transportation of certain waste — Right of an intermediary not to disclose in that document the identity of the waste producer in order to protect its customers with regard to the buyer

Operative part of the judgment







1.


Article 18(4) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, as amended by Commission Regulation (EC) No 308/2009 of 15 April 2009, must be interpreted as not permitting an intermediary dealer arranging a shipment of waste not to disclose the name of the waste producer to the consignee of the shipment, as provided for in Article 18(1) of Regulation No 1013/2006 in conjunction with Annex VII to that regulation, even though such non-disclosure might be necessary in order to protect the business secrets of that intermediary dealer;










2.


Article 18(1) of Regulation No 1013/2006, as amended by Regulation No 308/2009, must be interpreted as requiring an intermediary dealer, in the context of a shipment of waste covered by that provision, to complete Field 6 of the document contained in Annex VII to Regulation No 1013/2006, as amended by Regulation No 308/2009, and transmit it to the consignee, without any possibility of the scope of that requirement being restricted by a right to protection of business secrets.






(1)  OJ C 95, 26.3.2011.