Source: EURLEX
Language: en
Format: md

5.4.2003 EN Official Journal of the European Union C 83/1

## I

_(Information)_

# COURT OF JUSTICE

**COURT OF JUSTICE**

**JUDGMENT OF THE COURT**

**(Fifth Chamber)**

**of 13 February 2003**

**in Case C-228/00: Commission of the European Communi-**
**ties v Federal Republic of Germany** ( [1] )

_**(Failure by a Member State to fulfil its obligations —**_
_**Article 7(2) and (4) of Regulation (EEC) No 259/93 —**_
_**Classification of the purpose of a shipment of waste (recovery**_
_**or disposal) — Incinerated waste — Point R1 of Annex II B**_
_**to Directive 75/442/EEC — Concept of use principally as a**_
_**fuel or other means to generate energy)**_

(2003/C 83/01)

_(Language of the case: German)_

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

In Case C-228/00, Commission of the European Communities
(Agent: G. zur Hausen) v Federal Republic of Germany
(Agent: T. Jürgensen, assisted by D. Sellner): Application for a
declaration that by raising unjustified objections against certain
shipments of waste to other Member States to be used
principally as a fuel the Federal Republic of Germany has failed
to fulfil its obligations under Article 7(2) and (4) of Council
Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into
and out of the European Community (OJ 1993 L 30, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of
the Chamber, C.W.A. Timmermans (Rapporteur),
D.A.O. Edward, P. Jann and S. von Bahr, Judges; F.G. Jacobs,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 13 February 2003, in
which it:

1. _Declares that by raising unjustified objections to certain_
_shipments of waste to other Member States to be used_

_principally as a fuel, the Federal Republic of Germany has failed_
_to fulfil its obligations under Article 7(2) and (4) of Council_
_Regulation (EEC) No 259/93 of 1 February 1993 on the_
_supervision and control of shipments of waste within, into and_
_out of the European Community;_

2. _Orders the Federal Republic of Germany to pay the costs._

( [1] ) OJ C 259 of 9.9.2000.

**JUDGMENT OF THE COURT**

**(Sixth Chamber)**

**of 6 February 2003**

**in Case C-245/00 (Reference for a preliminary ruling from**
**the Hoge Raad der Nederlanden): Stichting ter Exploitatie**
**van Naburige Rechten (SENA) v Nederlandse Omroep**
**Stichting (NOS)** ( [1] )

_**(Directive 92/100/EEC — Rental right and lending right**_
_**and certain rights related to copyright in the field of**_
_**intellectual property — Article 8(2) — Broadcasting and**_
_**communication to the public — Equitable remuneration)**_

(2003/C 83/02)

_(Language of the case: Dutch)_

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

In Case C-245/00: Reference to the Court under Article 234
EC by the Hoge Raad der Nederlanden (Netherlands) for a