CELEX: C2000/176/30
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-159/00: Reference for a preliminary ruling from the French Cour de Cassation (Commercial, Financial and Economic Division) by judgment of that court of 18 April 2000 in the case of Sapod Audic v Eco Emballages

C 176/18              EN                     Official Journal of the European Communities                                          24.6.2000
Reference for a preliminary ruling from the French                           the mandatory requirement related to the protection of the
Cour de Cassation (Commercial, Financial and Economic                        environment?
Division) by judgment of that court of 18 April 2000 in
         the case of Sapod Audic v Eco Emballages
                                                                        (1) laying down a procedure for the provision of information in the
                                                                            field of technical standards and regulations (OJ L 109, 26.4.1983,
                                                                            p. 8).
                                                                        (2) OJ L 100, 19.4.1994, p. 30.
                        (Case C-159/00)                                 (3) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
                                                                            L 194, 25.7.1975, p. 39).
                                                                        (4) OJ L 78, 26.3.1991, p. 32.
                        (2000/C 176/30)
Reference has been made to the Court of Justice of the                  Action brought on 28 April 2000 by the Commission of
European Communities by judgment of the French Cour de                             the European Communities against Ireland
Cassation (Court of Cassation) (Commercial, Financial and
Economic Division) of 18 April 2000, which was received at
the Court Registry on 28 April 2000, for a preliminary ruling                                      (Case C-160/00)
in the case of Sapod Audic v Eco Emballages. The French Cour
de Cassation (Commercial, Financial and Economic Division)
asks the Court of Justice to rule on the following questions:                                      (2000/C 176/31)
                                                                        An action against Ireland was brought before the Court of
                                                                        Justice of the European Communities on 28 April 2000 by the
1. Must Article 1 of Council Directive 83/189/EEC of                    Commission of the European Communities, represented by
    28 March 1983 (1), as drafted both before and after amend-          Peter Oliver, Legal Adviser, and Keir Fitch, an official seconded
    ment by Directive 94/10/EC of the European Parliament               to the Commission’s Legal Service under the arrangement for
    and the Council of 23 March 1994 (2) materially amending            the exchange of national officials, acting as Agents, with an
    Directive 83/189/EEC for the second time, be interpreted            address for service in Luxembourg at the office of Carlos
    as meaning that the provisions of Decree No 92-377 of               Gómez de la Cruz, member of the Legal Service of the
    1 April 1992 constitute a technical regulation, in particular       Commission, Centre Wagner.
    inasmuch as they permit a producer not to use Eco
    Emballages’ approved system if the producer itself arranges
    for the elimination of its packaging waste?                         The Applicant claims that the Court should:
                                                                        — Declare that by failing to adopt the laws, regulations or
                                                                             administrative provisions necessary to comply with
2. Must Article 10 of Directive 83/189, both before and after
    amendment by Directive 94/10, and Article 3(2) of                        — Directive 96/24/EC (1) of 29 April 1996 amending
    Directive 75/442/EEC (3) of 15 July 1975 on waste, as                         Directive 79/373/EEC on the marketing of compound
    amended by Council Directive 91/156/EEC of 18 March                           feedingstuffs
    1991 (4) be interpreted as meaning that the French Govern-
    ment was required to notify the Commission of the                        — Directive 96/25/EC (2) of 29 April 1996 on the circu-
    provisions of the decree of 1 April 1992 and, if it was so                    lation of feed materials, amending Directives
    required, that an individual may rely on the failure to notify                70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC
    in order to have the provisions declared unenforceable?                       and repealing Directive 77/101/EEC
                                                                             — Directive 98/67/EC (3) of 7 September 1998 amending
                                                                                  Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and
3. Does Article 30 of the EC Treaty (now Article 28 EC),                          Council Directive 96/25/EC and repealing Directive
    properly construed, preclude rules such as those contained                    92/87/EEC;
    in Decree 92-377 requiring an importer of products from
    other Member States intended for household use to use
    packaging meeting certain technical requirements and to                  and/or by failing to inform the Commission thereof,
    affix to that packaging a ‘logo’ proving that he has                     Ireland has failed to fulfil its obligations under those
    subscribed to an approved system for the recovery of                     Directives, and
    packaging waste, inasmuch as those rules, which are
    applicable to all products alike, are not proportionate to          — order Ireland to pay the costs.