CELEX: C2003/146/13
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-116/01 (Reference for a preliminary ruling from the Raad van State): SITA EcoService Nederland BV, formerly Verol Recycling Limburg BV v Minister van Volkshuisvesting, Ruimtelĳke Ordening en Milieubeheer (Environment — Waste — Regulation (EEC) No 259/93 — Directive 75/442/EEC — Treatment of waste in several stages — Use of waste as fuel in the cement industry and use of incineration residues as raw material in cement manufacture — Classification as a recovery operation or as a disposal operation — Concept of the use of waste principally as a fuel or other means to generate energy)

C 146/8                  EN                          Official Journal of the European Union                                               21.6.2003
subject-matter, account should be taken only of the claims of the                              JUDGMENT OF THE COURT
respective applicants, to the exclusion of the defence submissions
raised by a defendant.
                                                                                                        (Fifth Chamber)
( 1) OJ C 134 of 5.5.2001.
                                                                                                        of 3 April 2003
                                                                             in Case C-116/01 (Reference for a preliminary ruling from
                                                                             the Raad van State): SITA EcoService Nederland BV,
                                                                             formerly Verol Recycling Limburg BV v Minister van
                                                                             Volkshuisvesting, Ruimtelijke Ordening en Milieu-
                  JUDGMENT OF THE COURT                                                                     beheer (1)
                          (Sixth Chamber)                                    (Environment — Waste — Regulation (EEC) No 259/93 —
                                                                             Directive 75/442/EEC — Treatment of waste in several
                                                                             stages — Use of waste as fuel in the cement industry and
                            of 8 May 2003
                                                                             use of incineration residues as raw material in cement
                                                                             manufacture — Classification as a recovery operation or as
in Case C-113/01 (Reference for a preliminary ruling from                    a disposal operation — Concept of the use of waste princi-
     the Högsta förvaltningsdomstolen): Paranova Oy (1)                             pally as a fuel or other means to generate energy)
(Interpretation of Article 28 EC and Article 30 EC —                                                    (2003/C 146/13)
Medicinal products — Withdrawal of parallel import licence
in consequence of waiver of the marketing authorisation for
               the medicinal product of reference)                                                (Language of the case: Dutch)
                           (2003/C 146/12)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: Swedish)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           In Case C-116/01: Reference to the Court under Article 234
                                                                             EC by the Raad van State (Netherlands) for a preliminary ruling
                                                                             in the proceedings pending before that court between SITA
                                                                             EcoService Nederland BV, formerly Verol Recycling Limburg
In Case C-113/01: Reference to the Court under Article                       BV and Minister van Volkshuisvesting, Ruimtelijke Ordening
234 EC by Högsta förvaltningsdomstolen (Finland) for a                       en Milieubeheer, on the interpretation of Council Directive 75/
preliminary ruling in the proceedings pending before that                    442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as
court brought by Paranova Oy on the interpretation of                        amended by Council Directive 91/156/EEC of 18 March 1991
Article 28 EC and Article 30 EC, the Court (Sixth Chamber),                  (OJ 1991 L 78, p. 32) and Commission Decision 96/350/EC
composed of: J.-P. Puissochet, President of the Chamber,                     of 24 May 1996 (OJ 1996 L 135, p. 32), the Court
C. Gulmann (Rapporteur), F. Macken, N. Colneric and                          (Fifth Chamber), composed of: M. Wathelet, President of the
J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate General;                 Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur),
H.A. Rühl, Principal Administrator, for the Registrar, has given             P. Jann and A. Rosas, Judges; F.G. Jacobs, Advocate General;
a judgment on 8 May 2003, in which it has ruled:                             M.-F. Contet, Principal Administrator, for the Registrar, has
                                                                             given a judgment on 3 April 2003, in which it has ruled:
Article 28 EC and Article 30 EC preclude national legislation under
which the withdrawal, at the request of its holder, of a marketing           1.    Where a waste treatment process comprises several distinct
authorisation of reference of itself entails the withdrawal of the                 stages, it must be classified as a disposal operation or a recovery
parallel import licence granted for the medicinal product in question.             operation within the meaning of Council Directive 75/442/
However, those provisions do not preclude restrictions on parallel                 EEC of 15 July 1975 on waste, as amended by Council
imports of the medicinal product in question where there is in fact a              Directive 91/156/EEC of 18 March 1991 and by Commission
risk to the health of humans as a result of the continued existence of             Decision 96/350/EC of 24 May 1996, for the purpose
that medicinal product on the market of the importing Member State.                of implementing 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, as
( 1) OJ C 150 of 19.5.2001.
                                                                                   amended by Council Regulation (EC) No 120/97 of 20 January
                                                                                   1997, taking into account only the first operation that the
                                                                                   waste is to undergo subsequent to shipment;
 ---pagebreak--- 21.6.2003                EN                          Official Journal of the European Union                                               C 146/9
2.    The calorific value of waste which is to be combusted is not a                          JUDGMENT OF THE COURT
      relevant criterion for the purpose of determining whether that
      operation constitutes a disposal operation as referred to in
      point D10 of Annex IIA to Directive 75/442, as amended by                                        (Sixth Chamber)
      Directive 91/156 and by Decision 96/350, or a recovery
      operation as referred to in point R1 of Annex IIB thereof.
      Member States may establish distinguishing criteria for that                                       of 8 May 2003
      purpose, provided that those criteria comply with those laid
      down in the Directive.
                                                                             in Case C-171/01 (Reference for a preliminary ruling from
                                                                             the Verfassungsgerichtshof): Wählergruppe ‘Gemeinsam
( 1) OJ C 161 of 2.6.2001.                                                   Zajedno/Birlikte Alternative und Grüne Gewerkschafter-
                                                                                                          Innen/UG’ (1)
                                                                             (EEC-Turkey Association — Freedom of movement for
                                                                             workers — Article 10(1) of Decision No 1/80 of the
                                                                             Association Council — Prohibition of discrimination as
                                                                             regards conditions of work — Direct effect — Scope —
                  JUDGMENT OF THE COURT                                      Legislation of a Member State excluding Turkish workers
                                                                                  from eligibility for election to a chamber of workers)
                          (Sixth Chamber)
                                                                                                        (2003/C 146/15)
                            of 8 May 2003
in Case C-122/01 P: T. Port GmbH & Co. KG v Com-                                                (Language of the case: German)
           mission of the European Communities (1)
                                                                             (Provisional translation; the definitive translation will be published
(Appeal — Bananas — Common organisation of the markets                                          in the European Court Reports)
— Regulation (EC) No 478/95 — Export licence scheme —
    Action for damages — Proof of damage and causal link)
                           (2003/C 146/14)
                                                                             In Case C-171/01: Reference to the Court under Article 234
                                                                             EC by the Verfassungsgerichtshof (Austria) for a preliminary
                    (Language of the case: German)                           ruling in the proceedings brought before that court by
                                                                             Wählergruppe ‘Gemeinsam Zajedno/Birlikte Alternative und
(Provisional translation; the definitive translation will be published       Grüne GewerkschafterInnen/UG’, also represented: Bundesmi-
                    in the European Court Reports)                           nister für Wirtschaft und Arbeit, Kammer für Arbeiter und
                                                                             Angestellte für Vorarlberg, Wählergruppe ‘Vorarlberger Arbei-
                                                                             ter- und Angestelltenbund (ÖAAB) — AK-Präsident Josef Fink’,
                                                                             Wählergruppe ‘FSG — Walter Gelbmann — mit euch ins
In Case C-122/01 P, T. Port GmbH & Co. KG, established in                    nächste Jahrtausend/Liste 2’, Wählergruppe ‘Freiheitliche und
Hambourg (Germany), represented by G. Meier, Rechtwanwalt:                   parteifreie Arbeitnehmer Vorarlberg — FPÖ’, Wählergruppe
Appeal against the judgment of the Court of First Instance of                ‘Gewerkschaftlicher Linksblock’, and Wählergruppe ‘NBZ —
the European Communities (Fifth Chamber) of 1 February                       Neue Bewegung für die Zukunft’, on the interpretation of
2001 in Case T-1/99 T. Port v Commission [2001] ECR II-                      Article 10(1) of Decision No 1/80 of 19 September 1980 on
465, seeking to have that judgment set aside in part, the other              the development of the Association, adopted by the Associ-
party to the proceedings being: Commission of the European                   ation Council established by the Association Agreement
Communities (Agents: K.-D. Borchardt and M. Niejahr), the                    between the European Economic Community and Turkey, the
Court (Sixth Chamber), composed of: J.-P. Puissochet, President              Court (Sixth Chamber), composed of: J.-P. Puissochet, President
of the Chamber, R. Schintgen (Rapporteur), V. Skouris,                       of the Chamber, R. Schintgen (Rapporteur), V. Skouris,
F. Macken and N. Colneric, Judges; P. Léger, Advocate General;               F. Macken and J.N. Cunha Rodrigues, Judges; F.G. Jacobs,
M.-F. Contet, Principal Administrator, for the Registrar, has                Advocate General; M.-F. Contet, Principal Administrator, for
given a judgment on 8 May 2003, in which it:                                 the Registrar, has given a judgment on 8 May 2003, in which
                                                                             it has ruled:
1.    Dismisses the appeal.
                                                                             Article 10(1) of Decision No 1/80 of 19 September 1980 on the
2.    Orders T. Port GmbH & Co. KG to pay the costs.
                                                                             development of the Association, adopted by the Association Council
                                                                             established by the Association Agreement between the European
( 1) OJ C 161 of 2.6.2001.                                                   Economic Community and Turkey, must be interpreted as:
                                                                             —     having direct effect in the Member States, and