CELEX: C2002/305/31
Language: en
Date: 2002-12-07 00:00:00
Title: Case C-381/02: Reference for a preliminary ruling by the Cour d'appel de Caen, chambres réunies by judgment of that Court of 17 October 2002 in the case of Association Comité économique régional agricole fruits et légumes de Bretagne (CERAFEL) against François Faou and GAEC de Kerlidou

7.12.2002              EN                   Official Journal of the European Communities                                       C 305/17
could harm the environment, and in particular without risk to          2002, received at the Court Registry on 23 October 2002, for
water, air, soil and plants and animals, without causing a             a preliminary ruling in the case of Association Comité
nuisance through noise or odours and without adversely                 économique régional agricole fruits et légumes de Bretagne
affecting the countryside or places of special interest.               (CERAFEL) against François Faou and GAEC de Kerlidou on
                                                                       the following question:
In the present case, the Italian Republic has not adopted any          Can a Member State, without infringing the principle of non-
appropriate measure to ensure that waste deposited in the Via          discrimination, apply Article 15b(1) and (8) of Regulation
Granciara disposal site in Castelliri is recovered or disposed         (EEC) No 1035/72 of the Council of 18 May 1972 (1) by
of without endangering human health and without using                  making certain production and marketing rules mandatory for
procedures or methods which could harm the environment.                producers who are established in the district of a Board and
Consequently, it has failed to fulfil its obligations under            who are not members of it and by making them liable for all
Article 4 of the directive.                                            or part of the fees paid by member producers, without
                                                                       distinguishing according to whether or not those non-member
                                                                       producers are part of a production sector regulated by law,
Article 8 of the directive provides that Member States are to          which, as in the case of the organic production sector, would
ensure that any holder of waste has it handled by a private or         make the Board’s measures irrelevant or of merely occasional
public waste collector or by an undertaking which carries out          and marginal interest for them.
the operations listed in Annex II A or B of the directive, or
recovers or disposes of it himself in accordance with the
provisions of the directive. To that end, the owners or                (1 ) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on
managers of disposal sites are regarded as holders within the               the common organization of the market in fruit and vegetables
meaning of Article 8.                                                       (OJ L 118 of 20.5.1972, p. 1).
The Italian Republic has failed to adopt the necessary measures
to ensure that the holder of waste deposited in the disposal
site at Castelliri (Frosinone) has such waste handled by a
private or public collector or an undertaking carrying out the
operations provided for in Annex II A or II B to the directive.
Consequently, it has failed to fulfil its obligations under
Article 8 of the directive.
                                                                       Action brought on 24 October 2002 by the Commission
                                                                       of the European Communities against the Italian Republic
( 1) OJ L 194 of 25.7.1975, p. 39.
( 2) OJ L 78 of 26.3.1991, p. 32.
                                                                                                 (Case C-383/02)
                                                                                                 (2002/C 305/32)
                                                                       An action against the Italian Republic was brought before the
Reference for a preliminary ruling by the Cour d’appel de
                                                                       Court of Justice of the European Communities on 24 October
Caen, chambres réunies by judgment of that Court of
                                                                       2002 by the Commission of the European Communities,
17 October 2002 in the case of Association Comité
                                                                       represented by Minas Konstantinidis and Roberto Amorosi,
économique régional agricole fruits et légumes de
                                                                       acting as Agents.
Bretagne (CERAFEL) against François Faou and GAEC de
                              Kerlidou
                                                                       The applicant claims that the Court should:
                         (Case C-381/02)
                                                                       1.     declare that, by failing to adopt the necessary measures
                         (2002/C 305/31)                                      to ensure that waste deposited in the disposal sites at
                                                                              Rodano (Milan) is recovered or disposed of without
                                                                              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
Reference has been made to the Court of Justice of the                        holder of waste deposited in the disposal sites at Rodano
European Communities by judgment of the Cour d’appel de                       (Milan) has such waste handled by a private or public
Caen (Court of Appeal, Caen) chambres réunies of 17 October                   collector or an undertaking carrying out the operations