CELEX: C2002/084/23
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 December 2001 in Case C-472/99 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): Clean Car Autoservice GmbH v Stadt Wien, Republik Österreich (Article 234 EC — Costs of the parties to the main proceedings — Article 104(5) of the Rules of Procedure of the Court)

6.4.2002                 EN                     Official Journal of the European Communities                                            C 84/15
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ                  (Regional Civil Court, Vienna) (Austria) for a preliminary ruling
1975 L 194, p. 39), as amended by Council Directive                        in the proceedings pending before that court between Clean
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), Article 6               Car Autoservice GmbH and Stadt Wien, Republik Österreich
of Council Directive 91/689/EEC of 12 December 1991 on                     — on the interpretation of the first subparagraph of
hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of                  Article 104(5) of the Rules of Procedure of the Court of Justice,
European Parliament and Council Directive 94/62/EC of                      in codified version 1999/C 65/01 of 6 March 1999 (OJ 1999
20 December 1994 on packaging and packaging waste (OJ                      C 65, p. 1) — the Court (Sixth Chamber), composed of:
1994 L 365, p. 10), the Court (Second Chamber), composed                   N. Colneric, President of the Second Chamber, acting as
of: N. Colneric, President of the Chamber, R. Schintgen and                President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris (Rapporteur), Judges, Advocate General: J. Mischo,              R. Schintgen (Rapporteur) and V. Skouris, Judges; L.A. Geel-
Registrar: H. von Holstein, Deputy Registrar, has given a                  hoed, Advocate General; H.A. Rühl, Principal Administrator,
judgment on 24 January 2002, in which it has ruled:                        for the Registrar, has given a judgment on 6 December 2001,
                                                                           in which it has ruled:
1.    Declares that, by not forwarding to the Commission information
      concerning plans for the management and disposal of waste
                                                                           Article 104(5) of the Rules of Procedure of the Court of Justice, in
      and hazardous waste in respect of the regions of Sicily and
                                                                           codified version 1999/C 65/01 of 6 March 1999, is to be
      Basilicata, or information concerning plans for the management
                                                                           interpreted as meaning that payment of the costs incurred by the
      of packaging and packaging waste in respect of all the Italian
                                                                           parties to the main proceedings for the purposes of the procedure
      regions, the Italian Republic has failed to fulfil its obligations
                                                                           under Article 234 EC for obtaining a preliminary ruling is governed
      under Article 7 of Council Directive 75/442/EEC of 15 July
                                                                           by the domestic law rules applicable to the proceedings before the
      1975 on waste, as amended by Council Directive 91/156/EEC
                                                                           national court, provided that those rules are not less favourable than
      of 18 March 1991, Article 6 of Council Directive 91/689/EEC
                                                                           those applicable to similar procedural steps which may be taken in
      of 12 December 1991 on hazardous waste, and Article 14 of
                                                                           such proceedings in accordance with national law.
      European Parliament and Council Directive 94/62/EC of
      20 December 1994 on packaging and packaging waste;
2.    Orders the Italian Republic to pay the costs.                        (1) OJ C 47 of 19.2.2000.
(1) OJ C 34 of 5.2.2000.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                          (Sixth Chamber)
                                                                                                     10 January 2002
                        of 6 December 2001
in Case C-472/99 (reference for a preliminary ruling from                  In Case C-480/99 P: Gerry Plant and Others v Commission
the Landesgericht für Zivilrechtssachen Wien): Clean Car                                  of the European Communities (1)
Autoservice GmbH v Stadt Wien, Republik Österreich (1)
                                                                           (Appeal — Action for annulment under Article 33 of the
(Article 234 EC — Costs of the parties to the main                         ECSC Treaty — Admissibility — Audi alteram partem rule
proceedings — Article 104(5) of the Rules of Procedure of                                        in judicial proceedings)
                              the Court)
                                                                                                      (2002/C 84/24)
                           (2002/C 84/23)
                                                                                              (Language of the case: English)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                            in the European Court Reports)
In Case C-472/99: reference to the Court under Article 234                 In Case C-480/99 P, Gerry Plant and Others (agents: B. Hewson,
EC from the Landesgericht für Zivilrechtssachen Wien                       barrister, instructed by T. Graham, solicitor): Appeal against