CELEX: C2002/305/29
Language: en
Date: 2002-12-07 00:00:00
Title: Case C-371/02: Reference for a preliminary ruling by the Svea Hovrätt by order of that Court of 14 October 2002 in the case of Björnekulla Fruktindustrier Aktiebolag against Procordia Food Aktiebolag

C 305/16               EN                      Official Journal of the European Communities                                        7.12.2002
Action brought on 15 October 2002 by the Commission                       In cases where a product is handled at several stages before it
of the European Communities against the Kingdom of                        reaches the consumer what is or are, under Article 12(2)(a) of
                              Belgium                                     the Trade Mark Directive (1), the relevant class or classes of
                                                                          persons for determining whether a trade mark has become the
                         (Case C-370/02)                                  common name in the trade for a product in respect of which
                                                                          it is registered?
                         (2002/C 305/28)
                                                                          (1 ) First Council Directive 89/104/EEC of 21 December 1988 to
                                                                               approximate the laws of the Member States relating to trade
An action against the Kingdom of Belgium was brought                           marks (OJ L 40 of 11.2.1989, p. 1).
before the Court of Justice of the European Communities on
15 October 2002 by the Commission of the European
Communities, represented by Claire-Françoise Durand and
Minas Konstantinidis, acting as Agents, with an address for
service in Luxembourg.
The applicant claims that the Court should:
                                                                          Action brought on 18 October 2002 by the Commission
(1) declare that, by failing to adopt all the laws, regulations           of the European Communities against the Italian Republic
       and administrative measures necessary in order to comply
       with Council Directive 1999/31/EC of 26 April 1999 on                                        (Case C-375/02)
       the landfill of waste (1), and by failing, in any event, to
       communicate such measures to the Commission, the
       Kingdom of Belgium has failed to fulfil its obligations                                      (2002/C 305/30)
       under that directive;
(2) order the Kingdom of Belgium to pay the costs.
                                                                          An action against the Italian Republic was brought before the
                                                                          Court of Justice of the European Communities on 18 October
                                                                          2002 by the Commission of the European Communities,
Pleas in law and main arguments
                                                                          represented by Minas Konstantinidis and Roberto Amorosi,
                                                                          acting as Agents.
The time-limit for transposition expired on 16 July 2001. As
regards the Region of Wallonia, the Kingdom of Belgium has
still not adopted the measures necessary to comply with the               The applicant claims that the Court should:
directive or, at all events, has not communicated those
measures to the Commission.                                               1.     declare that, by failing to adopt the necessary measures
                                                                                 to ensure that waste deposited in the disposal sites at
                                                                                 Castelliri (Frosinone) is recovered or disposed of without
( 1) OJ L 182 of 16.7.1999, p. 1.
                                                                                 endangering human health and without using procedures
                                                                                 or methods which could harm the environment, and by
                                                                                 failing to adopt the measures necessary to ensure that the
                                                                                 holder of waste deposited in the disposal sites at Castelliri
                                                                                 (Frosinone) has such waste handled by a private or public
                                                                                 collector or an undertaking carrying out the operations
Reference for a preliminary ruling by the Svea Hovrätt                           provided for in Annex II A or II B to Directive 75/442/
by order of that Court of 14 October 2002 in the case of                         EEC (1), as amended by Directive 91/156/EEC ( 2), or
Björnekulla Fruktindustrier Aktiebolag against Procordia                         himself recovers or disposes of such waste, the Italian
                         Food Aktiebolag                                         Republic has failed to fulfil its obligations under Articles 4
                                                                                 and 8 of that directive;
                         (Case C-371/02)
                                                                          2.     order the Italian Republic to pay the costs.
                         (2002/C 305/29)
                                                                          Pleas in law and main arguments
Reference has been made to the Court of Justice of the
European Communities by order of the Svea Hovrätt (Svea
Court of Appeal) of 14 October 2002, received at the Court                The first paragraph of Article 4 of the directive provides that
Registry on 16 October 2002, for a preliminary ruling in                  Member States are to adopt the necessary measures to ensure
the case of Björnekulla Fruktindustrier Aktiebolag against                that waste is recovered or disposed of without endangering
Procordia Food Aktiebolag on the following question:                      human health and without using processes or methods which