CELEX: C1997/252/12
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 25 June 1997 in Case C-285/94: Italian Republic v. Commission of the European Communities (Commission Regulation (EC) No 1840/94 of 27 July 1994 fixing the olive yields and oil yields for the marketing year 1993/94 - Action for annulment)

16 . 8 . 97             EN                 Official Journal of the European Communities                                  No C 252/7
a cabinet housing a sealed lead-acid accumulator battery                            JUDGMENT OF THE COURT
must be classified under tariff subheading 85. 01 . B. II as                                 ( Sixth Chamber)
'transformers, static converters, rectifiers and rectifying
apparatus '.                                                                                 of 25 June 1997
                                                                      in Joined Cases C-304/94, C-330/94 , C-342/94 and
(' OJ No C 158 , 1 . 6 . 1996 .                                       C-224/95 ( reference for a preliminary ruling from the
                                                                      Pretura Circondariale di Terni and di Pescara ): criminal
                                                                      proceedings against Euro Tombesi and Adino Tombesi,
                                                                      Roberto Santella, Giovanni Muzi and Others and Anselmo
                                                                                                  Savini ( 1 )
                                                                      (Waste — Definition — Council Directives 91/156/EEC
                                                                             and 91/689/EEC — Council Regulation (EEC)
               JUDGMENT OF THE COURT                                                             No 259/93)
                         ( Sixth Chamber)                                                      ( 97/C 252/ 13 )
                         of 25 June 1997
                                                                                      (Language of the case: Italian)
in Case C-285/94: Italian Republic v. Commission of the
                   European Communities (')
(Commission Regulation (EC) No 1840/94 of 27 July                       (Provisional translation; the definitive translation will be
1994 fixing the olive yields and oil yields for the                            published in the European Court Reports)
      marketing year 1993/94 — Action for annulment)
                           ( 97/C 252/ 12                             In Joined Cases C-304/94, C-330/94, C-342/94 and
                                                                      C-224/95 : references to the Court under Article 177 of the
                                                                      EC Treaty from the Pretura Circondariale di Terni ( C-304/
                 (Language of the case: Italian)                      94,    C-330/94     and      C-342/94 )   and    the   Pretura
                                                                      Circondariale di Pescara ( C-224/95 ) ( Italy) for a
                                                                      preliminary ruling in the criminal proceedings pending
                                                                      before those courts against Euro Tombesi and Adino
                                                                      Tombesi ( C-304/94 ), Roberto Santella ( C-330/94 ),
   (Provisional translation; the definitive translation will be       Giovanni Muzi and Others ( C-342/94 ) and Anselmo
          published in the European Court Reports)                    Savini ( C-224/95 ) — on the interpretation of Council
                                                                      Directive 91 /156/EEC of 18 March 1991 , amending
                                                                      Directive 75/442/EC on waste ( OJ No L 78 , 26 . 3 . 1991 ,
In Case C-285/94: Italian Republic ( Agent: Professor                 p. 32 ), of Council Directive 91 /689/EEC of 12 December
                                                                      1991 on hazardous waste ( OJ No L 377, 31 . 12 . 1991 ,
Umberto Leanza, assisted by Pier Giorgio Ferri, Avvocato
dello Stato ) v. Commission of the European Communities               p. 20 ), and of Council Regulation ( EEC ) No 259/93 of
(Agent: Eugenio de March, assisted by Alexandre                       1 February 1993 on the supervision and control of
Carnelutti ) — application for the annulment of                       shipments on waste within, into and out of the European
Commission Regulation ( EC ) No 1840/94 of 27 July 1994               Community ( OJ No L 30, 6 . 2 . 1993 , p. 1 ) — the Court
fixing the olive yields and oil yields for the marketing year         ( Sixth Chamber), composed of: G. F. Mancini, President
1993/94 ( OJ No L 193 , 28 . 7. 1994, p. 1 ) — the Court              of the Chamber, P. J. G. Kapteyn and H. Ragnemalm
( Sixth Chamber), composed of: G. F. Mancini, President               ( Rapporteur ), Judges; F. G. Jacobs, Advocate-General ; L.
of the Chamber, J. L. Murray and G. Hirsch ( Rapporteur),             Hewlett, Administrator, for the Registrar, has given a
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; D.                  judgment on 25 June 1997, in which it has ruled:
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 25 June 1997, in which
it :                                                                  The concept of 'waste ' in Article 1 of Council Directive
                                                                       75/442/EEC of 15 July 1975 on waste, as amended by
                                                                       Council Directive 91 /156/EEC of 18 March 1991 , referred
                                                                      to in Article 1 (3) of Council Directive 91 /689/EEC of
 1 . dismisses the application;                                        12 December 1991 on hazardous waste and Article 2 (a)
                                                                      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, is not
2 . orders the Italian Republic to pay the costs.                     to be understood as excluding substances and objects
                                                                      which are capable of economic reutilization, even if the
(') OJ No C 370, 24 . 12 . 1994 .
                                                                      materials in question may be the subject of a transaction
                                                                      or quoted on public or private commercial lists. In
                                                                      particular, a deactivation process intended merely to
                                                                      render waste harmless, landfill tipping in hollows or
                                                                       embankments and waste incineration constitute disposal