Source: EURLEX
Language: en
Format: md

C 6/6 EN Official Journal of the European Communities 8.1.2000

European Communities, employed in the European Institute Divisione Sintetici SpA and Bodetex BVBA on the interpretfor Transuranic Elements, Karlsruhe (Germany), represented ation of Articles 2 and 5(1) of the abovementioned Convention
by J.-N. Louis, T. Demaseure and A. Tornel, of the Brussels Bar, of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
with an address for service in Luxembourg at the offices of the Convention of 9 October 1978 on the Accession of the
Fiduciaire Myson SARL, 30, Rue de Cessange — appeal against Kingdom of Denmark, Ireland and the United Kingdom of
the judgment of the Court of First Instance of the European Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
Communities (Third Chamber) of 10 July 1997 in Case — amended text — p. 77) — the Court composed of:
T-81/96 Apostolidis and Others v Commission [1997] ECR- G.C. Rodrı´guez Iglesias, President, P.J.G. Kapteyn, J.-P. PuissoSC I-A-207 and II-607, seeking to have that judgment set chet, G. Hirsch and P. Jann (Presidents of Chambers), J.C. Moitaside, the other party to the proceedings being Commission of inho de Almeida (Rapporteur), D.A.O. Edward, H. Ragnemalm
the European Communities (Agents: G. Valsesia and J. Currall), and L. Sevo´n, M. Wathelet and R. Schintgen, Judges; P. Léger,
supported by the Council of the European Union (Agents: Advocate General; H. von Holstein, Deputy Registrar, has
M. Bishop and D. Canga Fano) — the Court (Sixth Chamber), given a judgment on 5 October 1999, in which it has ruled:
composed of: P.J.G. Kapteyn, President of the Chamber,
G. Hirsch, J.L. Murray (Rapporteur), H. Ragnemalm and _On a proper construction of Article 5(1) of the Convention of_
R. Schintgen, Judges; J. Mischo, Advocate General; H. von _27 September 1968 on Jurisdiction and the Enforcement of Judg-_
Holstein, Deputy Registrar, for the Registrar, has given a _ments in Civil and Commercial Matters, as amended by the_
judgment on 5 October 1999, in which it: _Convention of 9 October 1978 on the Accession of the Kingdom of_
_Denmark, Ireland and the United Kingdom of Great Britain and_
1. _Dismisses the appeal in its entirety;_ _Northern Ireland, the same court does not have jurisdiction to hear_
_the whole of an action founded on two obligations of equal rank_
2. _Orders the applicants, the Commission of the European Com-_ _arising from the same contract when, according to the conflict rules_
_munities and the Council of the European Union to bear their_ _of the State where that court is situated, one of those obligations is to_
_own costs._ _be performed in that State and the other in another Contracting_
_State._

( [1] ) OJ No C 357 of 22.11.1997.
( [1] ) OJ C 41 of 7.2.1998.

**JUDGMENT OF THE COURT**
**JUDGMENT OF THE COURT**

**of 5 October 1999**
**(Sixth Chamber)**

**in Case C-420/97 (reference for a preliminary ruling from** **of 5 October 1999**
**the Hof van Cassatie): Leathertex Divisione Sintetici SpA**
**v Bodetex BVBA** ( [1] )
**in Case C-433/97 P: IPK-München GmbH v Commission**
**of the European Communities** ( [1] )
_**(Brussels Convention — Interpretation of Articles 2 and**_
_**5(1) — Commercial agency agreement — Action founded on**_
_**(Appeal — Annulment of a decision of the Commission to**_
_**separate obligations arising from the same contract and**_
_**refuse to pay the balance of financial assistance)**_
_**regarded as equal in rank — Jurisdiction of the court seised**_
_**to hear the whole action)**_
(2000/C 6/12)

(2000/C 6/11)
_(Language of the case: German)_

_(Language of the case: Dutch)_
_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_
_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_
In Case C-433/97 P: IPK-München GmbH, established in
Munich (Germany), represented by H.-J. Priess, of the Brussels
In Case C-420/97: Reference to the Court under the Protocol Bar, 13 Place des Barricades, B-1000 Brussels — appeal against
of 3 June 1971 on the interpretation by the Court of Justice of the judgment of the Court of First Instance of the European
the Convention of 27 September 1968 on Jurisdiction and the Communities (First Chamber) of 15 October 1997 in Case
Enforcement of Judgments in Civil and Commercial Matters T-331/94 IPK v Commission [1997] ECR 11-1665, seeking to
by the Hof van Cassatie, Belgium, for a preliminary ruling in have that judgment set aside, the other party to the proceedings
the proceedings pending before that court between Leathertex being Commission of the European Communities (Agent:

8.1.2000 EN Official Journal of the European Communities C 6/7

J. Grunwald) — the Court (Sixth Chamber), composed of: 91/689/EEC of 12 December 1991 on hazardous waste (OJ
P.J.G. Kapteyn, President of the Chamber, J.L. Murray (Rappor- 1991 L 377, p. 20), as amended by Council Directive 94/31/EC
teur) and H. Ragnemalm, Judges; J. Mischo, Advocate General; of 27 June 1994 (OJ 1994 L 168, p. 28) — the Court (Fourth
R. Grass, Registrar, has given a judgment on 5 October 1999, Chamber), composed of: J.L. Murray, acting as President of the
in which it: Fourth Chamber, H. Ragnemalm (Rapporteur) and R. Schintgen, Judges; P: Léger, Advocate General; L. Hewlett, Adminis1. _Sets aside the judgment of the Court of First Instance of_ trator, for the Registrar, has given a judgment on 5 October
_15 October 1997 in Case T-331/94 IPK v Commission in so_ 1999 in which it has ruled:
_far as it dismissed the claim of IPK-München GmbH for_
_annulment of the Commission’s decision of 3 August 1994 to_ 1. _‘Temporary storage’ of waste must be distinguished from ‘storage_
_refuse to pay the balance of financial assistance granted to_ _pending’ further operations and is not a ‘management operation’_
_support a project to create a database of information on ecological_ _within the meaning of Article 1(d) of Council Directive_
_tourism in Europe, and ordered the applicant to pay the costs;_ _75/442/EEC of 15 July 1975 on waste, as amended by Council_
_Directive 91/156/EEC of 18 March 1991._
2. _Refers the case back to the Court of First Instance for it to give_
_judgment on the claim of IPK-München GmbH for annulment_ 2. _The competent national authorities are required, with regard to_
_of the decision of 3 August 1994;_ _temporary storage operations, to ensure that the obligations_
_arising from Article 4 of Directive 75/442 are complied with._
3. _Orders the costs to be reserved._

( [1] ) OJ C 209 of 4.7.1998.
( [1] ) OJ No C 55 of 20.2.1998.

**JUDGMENT OF THE COURT**
**JUDGMENT OF THE COURT**

**(Third Chamber)**
**(Fourth Chamber)**

**of 12 October 1999**
**of 5 October 1999**

**in Case C-213/98: Commission of the European Communi-**
**in Joined Cases C-175/98 and C-177/98 (references for a** **ties v Ireland** ( [1] )
**preliminary ruling from the Pretore di Udine): Criminal**
**proceedings against Paolo Lirussi (C-175/98) and Frances-**
**ca Bizzaro (C-177/98)** ( [1] ) _**(Failure by a Member State to fulfil its obligations —**_
_**Directive 92/100/EEC)**_

_**(Waste — Directives 75/442/EEC and 91/689/EEC —**_
_**Definition of temporary storage, pending collection, on the**_ (2000/C 6/14)
_**site where it is produced — Definition of waste management)**_

_(Language of the case: English)_
(2000/C 6/13)

_(Language of the case: Italian)_

In Case C-213/98: Commission of the European Communities
(Agent: K. Banks) v Ireland (Agent: M.A. Buckley) — application
_(Provisional translation: the definitive translation will be published_
for a declaration that, by failing to adopt the laws, regulations
_in the European Court Reports)_
and administrative provisions necessary to comply with
Council Directive 92/100/EEC of 19 November 1992 on
In Joined Cases C-175/98 and C-177/98: references to the rental right and lending right and on certain rights related to
Court under Article 177 of the EC Treaty (now Article 234 copyright in the field of intellectual property (OJ 1992 L 346,
EC) from the Pretore di Udine (Italy) for a preliminary ruling p. 61) and/or by failing to inform the Commission thereof,
in the criminal proceedings pending before that court between Ireland has failed to fulfil its obligations under the EC Treaty
Paolo Lirussi (Case C-175/98) and Francesca Bizzaro (Case — the Court (Third Chamber), composed of: J.C. Moitinho de
C-177/98) — on the interpretation of Council Directive Almeida, President of the Chamber, C. Gulmann (Rapporteur)
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, and J.-P. Puissochet, Judges; P. Léger, Advocate General; R.
p. 39), as amended by Council Directive (EEC) 91/156/EEC of Grass, Registrar, has given a judgment on 12 October 1999,
18 March 1991 (OJ 1991 L 78, p. 32), and Council Directive in which it: