Source: EURLEX
Language: en
Format: md

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:

C 6/8 EN Official Journal of the European Communities 8.1.2000

1. _Declares that, by failing to adopt within the prescribed period the_ 2. _Articles 73b(1) and 73d(1)(b) of the Treaty preclude a provision_
_laws, regulations and administrative provisions necessary to_ _of national law such as the first sentence of the fourth_
_comply with Council Directive 92/100/EEC of 19 November_ _subparagraph of Article 33 Tarifpost 8 of the Gebührengesetz._
_1992 on rental right and lending right and on certain rights_
_related to copyright in the field of intellectual property, Ireland_
_has failed to fulfil its obligations under that directive._ ( [1] ) OJ C 72 of 7.3.1998.

2. _Orders Ireland to pay the costs._

( [1] ) OJ No C 258 of 15.8.1998.

**Action brought on 23 September 1999 by the Com-**
**mission of the European Communities against Hitesys**
**SpA**

**JUDGMENT OF THE COURT**
**(Case C-356/99)**

**(Sixth Chamber)**
(2000/C 6/16)

**of 14 October 1999**
An action against Hitesys SpA, whose registered office is in
Aprilia, Latina (Italy), was brought before the Court of Justice
**in Case C-439/97 (reference for a preliminary ruling from**
of the European Communities on 23 September 1999 by the
**the Verwaltungsgerichtshof): Sandoz GmbH v Finanzlan-**
Commission of the European Communities, represented by
**desdirektion für Wien, Niederösterreich und Burgen-**
**land** ( [1] ) Eugenio de March, Legal Adviser, acting as Agent, and Mr Dal
Ferro, of the Vicenza Bar, with an address for service in
Luxembourg at the office of Carlos Go´mez de la Cruz, of its
_**(Loan agreements — Stamp duty — Rules governing impo-**_ Legal Service, Wagner Centre, Kirchberg.
_**sition — Discrimination)**_

The applicant claims that the Court should:
(2000/C 6/15)

1. Order Hitesys SpA, the defendant company, to repay EUR
132 500 by way of principal amount and EUR 61 032,8
_(Language of the case: German)_
by way of interest at 8,25 %, for the period running from
8 January 1994 to 8 September 1999, totalling EUR
194 443,7, to which must be added EUR 30 364 in default
_(Provisional translation; the definitive translation will be published_
interest in respect of each additional day of delay until full
_in the European Court Reports)_
payment is made with respect to the financing under
contract No JOU2-CT93-0417;
In Case C-439/97: Reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Verwaltungsgerichts2. order Hitesys to pay the costs.
hof, Austria, for a preliminary ruling in the proceedings
pending before that court between Sandoz GmbH v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland — on
_Pleas and main arguments_
the interpretation of Articles 73b and 73d of the EC Treaty
(now Articles 56 EC and 58 EC), and of Articles 1 and 4
of Council Directive 88/361/EEC of 24 June 1988 for the The action, brought under an arbitration clause, seeks the
implementation of Article 67 of the Treaty (OJ 1988 L 178, repayment of monies advanced in view of contract No
p. 5) — the Court (Sixth Chamber), composed of: R. Schintgen, JOU2-CT93-0417 for a research project in the field of the
President of the Second Chamber, acting as President of the non-nuclear energy-Joule II (1991-1994) programme adopted
Sixth Chamber, P.J.G. Kapteyn (Rapporteur) and G. Hirsch, by the Council of Ministers of the European Union( [1] ). The
Judges; P. Léger, Advocate General; D. Louterman-Hubeau, Commission decided to terminate the contract, governed by
Principal Administrator, for the Registrar, has given a judgment Italian law, on the ground of breach of contract by the
on 14 October 1999, in which it held that: defendant.

1. _Articles 73b(1) and 73d(1)(b) and (3) of the EC Treaty [now_
_Articles 56(1) EC and 58(1)(b) and (3) EC] are to be interpreted_ ( [1] ) Council Decision 91/484/EEC of 9 September 1991 (OJ 1991
_as not precluding the imposition of duty, under a national_ L 257, p. 37).
_provision such as the first subparagraph of Article 33 Tarifpost_
_8 of the Gebührengesetz, on loans contracted in another Member_
_State._