CELEX: C2003/275/53
Language: en
Date: 2003-11-15 00:00:00
Title: Case C-400/03: Reference for a preliminary ruling by the Tribunal d'instance du VIIème arrondissement de Paris by judgment of that Court of 21 August 2003 in the case of Waterman SA against Directeur Général des Douanes et Droits Indirects

C 275/36               EN                        Official Journal of the European Union                                          15.11.2003
Reference for a preliminary ruling by the Tribunal d’in-                 Do the provisions of Community law relating to restrictions
stance du VIIème arrondissement de Paris by judgment of                  on the marketing of dangerous substances and preparations,
that Court of 21 August 2003 in the case of Waterman SA                  and in particular the provisions of Directive 76/769 (1) and
against Directeur Général des Douanes et Droits Indirects                Directive 94/60 (2) of 20 December 1994, prohibit the placing
                                                                         on the market for sale to the public of drying agent products
                                                                         containing lead compounds classified as toxic for reproductive
                         (Case C-400/03)                                 purposes, or do those provisions permit the relevant dero-
                                                                         gation laid down for ‘artists’ paints’ to be applied to those
                                                                         products?
                         (2003/C 275/53)
                                                                         (1) Council Directive 76/769/EEC of 27 July 1976 on the approxi-
                                                                             mation of the laws, regulations and administrative provisions of
Reference has been made to the Court of Justice of the                       the Member States relating to restrictions on the marketing and
European Communities by judgment of the Tribunal d’instance                  use of certain dangerous substances and preparations (OJ L 262
du VIIème arrondissement de Paris of 21 August 2003,                         of 27.9.1976, p. 201).
received at the Court Registry on 26 September 2003, for a               (2) European Parliament and Council Directive 94/60/EC of
preliminary ruling in the case of Waterman SA against                        20 December 1994 amending for the 14th time Directive 76/
Directeur Général des Douanes et Droits Indirects on the                     769/EEC on the approximation of the laws, regulations and
                                                                             administrative provisions of the Member States relating to restric-
following question:
                                                                             tions on the marketing and use of certain dangerous substances
                                                                             and preparations (OJ L 365 of 31.12.1994, p. 1).
Is the Explanatory Note to the Combined Nomenclature
relating to subheadings 4202 12 11 and 4202 12 19, which
clarifies the term ‘in the form of plastic sheeting’ as follows: ‘if
a container has an outer material that is a combination of
materials where the outer layer being visible to the naked eye
is plastic sheeting (e.g., woven fabric of textile fibres in
combination with plastic sheeting) it is irrelevant for classifi-
cation purposes whether the sheeting was manufactured
separately before creating the combined material or whether              Action brought on 29 September 2003 by the Com-
the plastic layer is the result of applying a coating or covering        mission of the European Communities against the Repub-
of plastics to the material ... provided that the resultant outer                                    lic of Finland
layer being visible to the naked eye has the same visual
appearance as an applied layer of manufactured plastic sheet-
ing’, contrary to the tariff?
                                                                                                   (Case C-407/03)
                                                                                                   (2003/C 275/55)
                                                                         An action against the Republic of Finland was brought
Reference for a preliminary ruling by the Tribunal de
                                                                         before the Court of Justice of the European Communities on
Grande Instance du Mans by judgment of that Court of
                                                                         29 September 2003 by the Commission of the European
8 September 2003 in the case of The Procureur de la
                                                                         Communities, represented by M. van Beek and M. Huttunen,
   Republique against Oliver Dupuy and Hervé Rouvre
                                                                         acting as Agents, with an address for service in Luxembourg.
                         (Case C-404/03)
                                                                         The Commission claims that the Court should:
                         (2003/C 275/54)
                                                                         1.     Declare that, by failing to require in its legislation with
                                                                                sufficient legal certainty that an appropriate assessment
                                                                                is to be made with respect to all projects, including those
                                                                                which are the subject of an ‘environmental impact
Reference has been made to the Court of Justice of the
                                                                                assessment’, the Republic of Finland has failed to fulfil its
European Communities by judgment of the Tribunal de
                                                                                obligations under Article 6(3) of Council Directive 92/
Grande Instance du Mans (Regional Court, Le Mans) of
                                                                                43/EEC of 21 May 1992 on the conservation of natural
8 September 2003, received at the Court Registry on 29 Sep-
                                                                                habitats and of wild fauna and flora (1);
tember 2003, for a preliminary ruling in the case of The
Procureur de la Republique against Oliver Dupuy and Hervé
Rouvre on the following question:                                        2.     Order the Republic of Finland to pay the costs.