Source: EURLEX
Language: en
Format: md

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| 30.4.2004 | EN | Official Journal of the European Union | C 118/12 |

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JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-341/01 (reference for a preliminary ruling from the Landesgericht Korneuburg): Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH[(1)](#ntr1-C_2004118EN.01001202-E0001)

(Directive 94/62/EC - Packaging and waste packaging - Plastic carrier bags - National legislation on the collection and recovery of used packaging and waste packaging - Collection and recovery of used packaging and waste packaging - Obligation to have recourse to an approved undertaking or to organise a collection system - Admissibility)

(2004/C 118/22)

Language of the case: German

In Case C-341/01: reference to the Court under Article 234 EC from the Landesgericht (Regional Court) Korneuburg (Austria) for a preliminary ruling in the proceedings pending before that court between Plato Plastik Robert Frank GmbH and Caropack Handelsgesellschaft mbH — on the interpretation of Article 3(1) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10) and other Community provisions — the Court (Fifth Chamber), composed of: C. W. A. Timmermans, acting for the President of the Fifth Chamber, A. Rosas (Rapporteur) and S. von Bahr, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004, in which it has ruled:

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| 1. | Article 3(1) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste must be construed as meaning that plastic carrier bags given to customers in a shop, whether free of charge or not, are packaging within the meaning of that directive. |

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| 2. | The concept of ‘producer’ in the context of the first subparagraph of Article 3(1) of Directive 94/62 refers to the producer of the goods, not the manufacturer of the packaging produced. |

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