CELEX: C2000/079/29
Language: en
Date: 2000-03-18 00:00:00
Title: Case C-517/99: Reference for a preliminary ruling by the Bundespatentgericht by order of that court of 20 October 1999 in the case of Merz & Krell GmbH & Co

C 79/16                EN                     Official Journal of the European Communities                                      18.3.2000
Reference for a preliminary ruling by the Bundespa-                          Regulation No 259/93 of waste to be transported for an
tentgericht by order of that court of 20 October 1999 in                     intended recovery operation under Annex II B to Directive
            the case of Merz & Krell GmbH & Co                               75/442/EEC (2) and, in the event that the classification is
                                                                             incorrect, prohibit the transport of such waste?
                         (Case C-517/99)
                                                                         2. In the reasoned objection to the transport of waste on the
                          (2000/C 79/29)                                     ground that the planned transport is not for purposes of
                                                                             recovery but for disposal, contrary to the classification
Reference has been made to the Court of Justice of the                       indicated by the notifier in the accompanying notification,
European Communities by order of the Bundespatentgericht                     may the competent authority at the place of dispatch rely
(Federal Patents Court) of 20 October 1999, received at the                  on the matters constituting grounds for an objection under
Court Registry on 31 December 1999, for a preliminary ruling                 the fifth indent of Article 7(4)(a) of Regulation No 259/93?
in the case of Merz & Krell GmbH & Co. on the following
question:                                                                3. Should the reply to Question 2 be in the negative:
Is Article 3(1)(d) of the First Council Directive of 21 December             On what provision of Regulation No 259/93 or other
1988 (1) to approximate the laws of the Member States relating               provisions of Community law may the competent auth-
to trade marks (89/104/EEC) to be interpreted restrictively,                 ority at the place of dispatch rely in refusing to authorise a
contrary to the wording thereof, as meaning that only signs or               transport of waste, where contrary to the information
indications which directly describe goods and services for                   given by the notifier, the transport is for purposes not of
which registration has specifically been applied, or the essential           recovery but of disposal?
characteristics or features thereof, are affected by the bar to
registration? Or is the provision to be construed as meaning
that, in addition to ‘free signs’ and generic names, signs or            4. Is any delivery of waste to a mine to be regarded,
indications which have become customary in the current                       irrespective of the actual circumstances of such delivery, as
language or in the bona fide and established practices of the                a disposal of waste within the meaning of Regulation
trade in the relevant or a similar sector as advertising slogans,            No 259/93 in conjunction with Annex II A (D 12) to
indications of quality or incitements to purchase etc., without              Directive 75/442/EEC?
directly describing the specific characteristics of the goods or
services for which registration has been applied, may likewise           5. If Question 4 is answered in the negative:
not be registered?
                                                                             According to what criteria is classification under the
(1) OJ 1989 L 40, p.1.                                                       operations listed in Annex II to Directive 75/442 to be
                                                                             carried out?
                                                                         (1) OJ 1993 L 30, p. 1.
                                                                         (2) OJ 1975 L 194, p. 39.
Reference for a preliminary ruling by the Verwaltungsge-
richtshof by order of that court of 16 December 1999 in
the case of A.S.A Abfall Service AG against Federal
     Minister for the Environment, Youth and Family
                           (Case C-6/00)
                          (2000/C 79/30)                                 Action brought on 13 January 2000 by the Commission
                                                                         of the European Communities against the Italian Republic
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgerichtsh-
of (Supreme Administrative Court) of 16 December 1999,                                            (Case C-10/00)
received at the Court Registry on 11 January 2000, for a
preliminary ruling in the case of A.S.A Abfall Service AG                                         (2000/C 79/31)
against Federal Minister for the Environment, Youth and
Family on the following questions:
                                                                         An action against the Italian Republic was brought before the
1. Is the competent authority at the place of dispatch under             Court of Justice of the European Communities on 13 January
    Council Regulation No 259/93 (1) on supervision and                  2000 by the Commission of the European Communities,
    control of shipments of waste within, into and out of the            represented by Enrico Traversa and Hans Hartvig, Legal
    European Community (OJ 1993 L 30, p. 1) competent to                 Advisers, acting as Agents, with an address for service in
    verify the correctness of the classification by the notifier as      Luxembourg at the office of Carlos Gómez de la Cruz, of its
    waste for recovery under the fifth indent of Article 6(5) of         Legal Service, Wagner Centre, Kirchberg.