Source: EURLEX
Language: en
Format: md

C 101/14 EN Official Journal of the European Union 26.4.2003

**ORDER OF THE COURT OF JUSTICE**

**(First Chamber)**

**of 30 January 2003**

**in Case C-176/02 P: Laboratoire Monique Rémy SAS v**
**Commission of the European Communities** ( [1] )

_**(Appeal — Action seeking annulment — Inadmissibility on**_
_**grounds of lateness — Appeal manifestly inadmissible)**_

(2003/C 101/24)

_(Language of the case: French)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_

In Case C-176/02 P: Laboratoire Monique Rémy SAS, having
its registered office in Grasse (France), represented by J.F. Pupel, avocat — Appeal against the order of the Court of
First Instance of the European Communities (First Chamber)
of 21 March 2002 in Case T-218/01 Laboratoire Monique
Rémy v Commission [2002] ECR II-2139, seeking to have that
order set aside, the other party to the proceedings being:
Commission of the European Communities (Agent: A. Bordes)
— The Court (First Chamber), composed of: M. Wathelet
(Rapporteur), President of the Chamber, P. Jann and A. Rosas,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has made an order on 30 January 2003, the operative part of
which is as follows:

1. _The appeal is dismissed._

2. _The company Laboratoire Monique Rémy SAS shall bear the_
_costs._

( [1] ) OJ C 169 of 13.7.2002.

**Reference for a preliminary ruling by the Verwaltungsger-**
**icht Koblenz by order of that Court of 4 December 2002**
**in the dispute of administrative law between Eiterköpfe**
**and Land Rheinland-Pfalz**

**(Case C-6/03)**

(2003/C 101/25)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Koblenz (Administrative Court, Koblenz) of 4 December 2002,

received at the Court Registry on 8 January 2003, for a
preliminary ruling in the dispute of administrative lawbetween
Eiterköpfe and Land Rheinland-Pfalz on the following questions:

1. On a proper construction of Article 5(1) of Council
Directive 1999/31/EC ( [1] ) laying down Community
requirements for a strategy forthe reduction of biodegradable waste going to landfills, can that provision be
transposed into national law in the form of measures
imposing more stringent requirements, in accordance
with Article 176 EC, which differ from those set out in
Article 5(2) of the directive (reduction by a specific
calendar year of biodegradable municipal waste going to
landfills to a specific percentage of the total amount
by weight of biodegradable municipal waste) in that
municipal waste and waste that can be deposited in the
same way as municipal waste may be landfilled only if
the appropriate ‘organic component of dry residue of the
original substance’ classification criterion (expressed as
either combustion loss or TOC) is satisfied?

2. a) If so, are the Community requirements laid down in
Article 5(2) of the directive to be construed as
meaning that the targets for reduction set out in that
provision, namely:

—
75 % of the total amount by weight by 16 July
2006,

—
50 % of the total amount by weight by 16 July
2009, and

—
35 % of the total amount by weight by 16 July
2016,

are met, having regard to the Community law
principle of proportionality, by a national provision
under which: the organic content of dry residue of
the original substance in the case of municipal waste
and waste that can be deposited in the same way as
municipal waste must, by 1 June 2005, be no more
than either 5 % by mass, expressed as combustion
loss, or 3 % by mass, expressed as TOC; from
1 March 2001, waste subject to mechanical and
biological treatment may be landfilled at existing
sites until 15 July 2009 at the latest, or even beyond
that date in certain cases, only if the organic content
of dry residue of the original substance is no more
than 18 % by mass, expressed as TOC, and the
biodegradability of the dry residue of the original
substance is no more than 5 mg/g, expressed as
aerobic activity (AT 4 ), or 20 l/kg, expressed as the
gas formation rate in the fermentation test (GB 21 )?