CELEX: C2000/006/12
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 5 October 1999 in Case C-433/97 P: IPK-München GmbH v Commission of the European Communities (Appeal — Annulment of a decision of the Commission to refuse to pay the balance of financial assistance)

C 6/6                   EN                      Official Journal of the European Communities                                             8.1.2000
European Communities, employed in the European Institute                   Divisione Sintetici SpA and Bodetex BVBA on the interpret-
for Transuranic Elements, Karlsruhe (Germany), represented                 ation of Articles 2 and 5(1) of the abovementioned Convention
by J.-N. Louis, T. Demaseure and A. Tornel, of the Brussels Bar,           of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
with an address for service in Luxembourg at the offices of                the Convention of 9 October 1978 on the Accession of the
Fiduciaire Myson SARL, 30, Rue de Cessange — appeal against                Kingdom of Denmark, Ireland and the United Kingdom of
the judgment of the Court of First Instance of the European                Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
Communities (Third Chamber) of 10 July 1997 in Case                        — amended text — p. 77) — the Court composed of:
T-81/96 Apostolidis and Others v Commission [1997] ECR-                    G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn, J.-P. Puisso-
SC I-A-207 and II-607, seeking to have that judgment set                   chet, G. Hirsch and P. Jann (Presidents of Chambers), J.C. Moit-
aside, the other party to the proceedings being Commission of              inho de Almeida (Rapporteur), D.A.O. Edward, H. Ragnemalm
the European Communities (Agents: G. Valsesia and J. Currall),             and L. Sevón, M. Wathelet and R. Schintgen, Judges; P. Léger,
supported by the Council of the European Union (Agents:                    Advocate General; H. von Holstein, Deputy Registrar, has
M. Bishop and D. Canga Fano) — the Court (Sixth Chamber),                  given a judgment on 5 October 1999, in which it has ruled:
composed of: P.J.G. Kapteyn, President of the Chamber,
G. Hirsch, J.L. Murray (Rapporteur), H. Ragnemalm and                      On a proper construction of Article 5(1) of the Convention of
R. Schintgen, Judges; J. Mischo, Advocate General; H. von                  27 September 1968 on Jurisdiction and the Enforcement of Judg-
Holstein, Deputy Registrar, for the Registrar, has given a                 ments in Civil and Commercial Matters, as amended by the
judgment on 5 October 1999, in which it:                                   Convention of 9 October 1978 on the Accession of the Kingdom of
                                                                           Denmark, Ireland and the United Kingdom of Great Britain and
1. Dismisses the appeal in its entirety;                                   Northern Ireland, the same court does not have jurisdiction to hear
                                                                           the whole of an action founded on two obligations of equal rank
2. Orders the applicants, the Commission of the European Com-              arising from the same contract when, according to the conflict rules
    munities and the Council of the European Union to bear their           of the State where that court is situated, one of those obligations is to
    own costs.                                                             be performed in that State and the other in another Contracting
                                                                           State.
(1) OJ No C 357 of 22.11.1997.
                                                                           (1) OJ C 41 of 7.2.1998.
                 JUDGMENT OF THE COURT
                                                                                            JUDGMENT OF THE COURT
                        of 5 October 1999
                                                                                                    (Sixth Chamber)
in Case C-420/97 (reference for a preliminary ruling from                                          of 5 October 1999
the Hof van Cassatie): Leathertex Divisione Sintetici SpA
                        v Bodetex BVBA (1)
                                                                           in Case C-433/97 P: IPK-München GmbH v Commission
                                                                                          of the European Communities (1)
(Brussels Convention — Interpretation of Articles 2 and
5(1) — Commercial agency agreement — Action founded on
                                                                           (Appeal — Annulment of a decision of the Commission to
separate obligations arising from the same contract and
                                                                                  refuse to pay the balance of financial assistance)
regarded as equal in rank — Jurisdiction of the court seised
                     to hear the whole action)
                                                                                                      (2000/C 6/12)
                           (2000/C 6/11)
                                                                                              (Language of the case: German)
                    (Language of the case: Dutch)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                          In Case C-433/97 P: IPK-München GmbH, established in
                                                                           Munich (Germany), represented by H.-J. Priess, of the Brussels
In Case C-420/97: Reference to the Court under the Protocol                Bar, 13 Place des Barricades, B-1000 Brussels — appeal against
of 3 June 1971 on the interpretation by the Court of Justice of            the judgment of the Court of First Instance of the European
the Convention of 27 September 1968 on Jurisdiction and the                Communities (First Chamber) of 15 October 1997 in Case
Enforcement of Judgments in Civil and Commercial Matters                   T-331/94 IPK v Commission [1997] ECR 11-1665, seeking to
by the Hof van Cassatie, Belgium, for a preliminary ruling in              have that judgment set aside, the other party to the proceedings
the proceedings pending before that court between Leathertex               being Commission of the European Communities (Agent:
 ---pagebreak--- 8.1.2000                  EN                      Official Journal of the European Communities                                             C 6/7
J. Grunwald) — the Court (Sixth Chamber), composed of:                       91/689/EEC of 12 December 1991 on hazardous waste (OJ
P.J.G. Kapteyn, President of the Chamber, J.L. Murray (Rappor-               1991 L 377, p. 20), as amended by Council Directive 94/31/EC
teur) and H. Ragnemalm, Judges; J. Mischo, Advocate General;                 of 27 June 1994 (OJ 1994 L 168, p. 28) — the Court (Fourth
R. Grass, Registrar, has given a judgment on 5 October 1999,                 Chamber), composed of: J.L. Murray, acting as President of the
in which it:                                                                 Fourth Chamber, H. Ragnemalm (Rapporteur) and R. Schint-
                                                                             gen, Judges; P: Léger, Advocate General; L. Hewlett, Adminis-
1. Sets aside the judgment of the Court of First Instance of                 trator, for the Registrar, has given a judgment on 5 October
     15 October 1997 in Case T-331/94 IPK v Commission in so                 1999 in which it has ruled:
     far as it dismissed the claim of IPK-München GmbH for
     annulment of the Commission’s decision of 3 August 1994 to              1. ‘Temporary storage’ of waste must be distinguished from ‘storage
     refuse to pay the balance of financial assistance granted to                 pending’ further operations and is not a ‘management operation’
     support a project to create a database of information on ecological          within the meaning of Article 1(d) of Council Directive
     tourism in Europe, and ordered the applicant to pay the costs;               75/442/EEC of 15 July 1975 on waste, as amended by Council
                                                                                  Directive 91/156/EEC of 18 March 1991.
2. Refers the case back to the Court of First Instance for it to give
     judgment on the claim of IPK-München GmbH for annulment                 2. The competent national authorities are required, with regard to
     of the decision of 3 August 1994;                                            temporary storage operations, to ensure that the obligations
                                                                                  arising from Article 4 of Directive 75/442 are complied with.
3. Orders the costs to be reserved.
                                                                             (1) OJ C 209 of 4.7.1998.
( 1) OJ No C 55 of 20.2.1998.
                                                                                               JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                      (Third Chamber)
                          (Fourth Chamber)
                                                                                                    of 12 October 1999
                          of 5 October 1999
                                                                             in Case C-213/98: Commission of the European Communi-
in Joined Cases C-175/98 and C-177/98 (references for a                                                ties v Ireland (1)
preliminary ruling from the Pretore di Udine): Criminal
proceedings against Paolo Lirussi (C-175/98) and Frances-
                       ca Bizzaro (C-177/98) (1)                             (Failure by a Member State to fulfil its obligations —
                                                                                                   Directive 92/100/EEC)
(Waste — Directives 75/442/EEC and 91/689/EEC —
Definition of temporary storage, pending collection, on the                                             (2000/C 6/14)
site where it is produced — Definition of waste management)
                             (2000/C 6/13)                                                       (Language of the case: English)
                      (Language of the case: Italian)
                                                                             In Case C-213/98: Commission of the European Communities
                                                                             (Agent: K. Banks) v Ireland (Agent: M.A. Buckley) — application
(Provisional translation: the definitive translation will be published       for a declaration that, by failing to adopt the laws, regulations
                     in the European Court Reports)                          and administrative provisions necessary to comply with
                                                                             Council Directive 92/100/EEC of 19 November 1992 on
In Joined Cases C-175/98 and C-177/98: references to the                     rental right and lending right and on certain rights related to
Court under Article 177 of the EC Treaty (now Article 234                    copyright in the field of intellectual property (OJ 1992 L 346,
EC) from the Pretore di Udine (Italy) for a preliminary ruling               p. 61) and/or by failing to inform the Commission thereof,
in the criminal proceedings pending before that court between                Ireland has failed to fulfil its obligations under the EC Treaty
Paolo Lirussi (Case C-175/98) and Francesca Bizzaro (Case                    — the Court (Third Chamber), composed of: J.C. Moitinho de
C-177/98) — on the interpretation of Council Directive                       Almeida, President of the Chamber, C. Gulmann (Rapporteur)
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194,                          and J.-P. Puissochet, Judges; P. Léger, Advocate General; R.
p. 39), as amended by Council Directive (EEC) 91/156/EEC of                  Grass, Registrar, has given a judgment on 12 October 1999,
18 March 1991 (OJ 1991 L 78, p. 32), and Council Directive                   in which it: