Source: EURLEX
Language: en
Format: md

C 180/6 EN Official Journal of the European Communities 27.7.2002

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

**(Fourth Chamber)**
**(Fifth Chamber)**

**of 13 June 2002**
**of 6 June 2002**

**in Case C-33/01: Commission of the European Communi-**
**ties v Hellenic Republic** ( [1] )
**in Case C-360/00 (Reference for a preliminary ruling from**
**the Bundesgerichtshof): Land Hessen v G. Ricordi & Co.**
**Bühnen- und Musikverlag GmbH** ( [1] ) _**(Failure by a Member State to fulfil its obligations — Waste**_
_**— Management of hazardous waste — Failure to provide**_
_**information required under Article 8(3) of Directive 91/689**_
_**— Establishments and undertakings which carry out disposal**_
_**(Term of copyright protection — Principle of non-discrimi-**_
_**and/or recovery of hazardous waste)**_
_**nation on grounds of nationality — Applicability to copy-**_
_**right which arose prior to the entry into force of the EEC**_
_**Treaty)**_ (2002/C 180/10)

_(Language of the case: Greek)_
(2002/C 180/09)

_(Provisional translation; the definitive translation will be published_
_(Language of the case: German)_ _in the European Court Reports)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_ In Case C-33/01, Commission of the European Communities
(Agents: H. Stovlbaek and P. Panayotopoulos) v Hellenic
Republic (Agents: P. Skandalou and N. Dafniou): Application
for a declaration that, by failing to send to the Commission,
within the prescribed period, the information concerning every
establishment or undertaking which carries out disposal and/
In Case C-360/00: Reference to the Court under Article 234 or recovery of hazardous waste required under Article 8(3) of
EC by the Bundesgerichtshof (Germany) for a preliminary Council Directive 91/689/EEC of 12 December 1991 on
ruling in the proceedings pending before that court between hazardous waste (OJ 1991 L 377, p. 20), in the version
Land Hessen and G. Ricordi & Co. Bühnen- und Musikverlag resulting from Council Directive 94/31/EC of 27 June 1994
GmbH, on the interpretation of the first paragraph of Article 6 (OJ 1994 L 168, p. 28), and Commission Decision 96/302/EC
of the EC Treaty (now, after amendment, the first paragraph of of 17 April 1996 establishing a format in which information
Article 12 EC), the Court (Fifth Chamber), composed of: is to be provided pursuant to Article 8(3) of Directive 91/689
P. Jann, President of the Chamber, S. von Bahr, A. La Pergola, (OJ 1996 L 116, p. 26), the Hellenic Republic has failed to
M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges; fulfil its obligations under the EC Treaty and that directive, the
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, Court (Fourth Chamber), composed of: S. von Bahr, President
has given a judgment on 6 June 2002, in which it has ruled: of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Timmermans, Judges; P. Léger, Advocate General; R. Grass, Registrar, has given a judgment on 13 June 2002, in which it:

_The prohibition of discrimination in the first paragraph of Article 6_
_of the EC Treaty (now, after amendment, the first paragraph of_ 1. _Declares that, by failing to send to the Commission, within the_
_Article 12 EC) is also applicable to the protection of copyright in_
_prescribed period, all the information required under Article 8(3)_
_cases where the author had died when the EEC Treaty entered into_
_of Council Directive 91/689/EEC of 12 December 1991 on_
_force in the Member State of which he was a national. It precludes_
_hazardous waste, in the version resulting from Council Directive_
_the term of protection granted by the legislation of a Member State_
_94/31/EC of 27 June 1994, the Hellenic Republic has failed_
_to the works of an author who is a national of another Member State_
_to fulfil its obligations under that directive;_
_being shorter than the term granted to the works of its own nationals._

2. _Orders the Hellenic Republic to pay the costs._

( [1] ) OJ C 355 of 9.12.2000.
( [1] ) OJ C 95 of 24.3.2001.