CELEX: 62017CA0689
Language: en
Date: 2019-05-16 00:00:00
Title: Case C-689/17: Judgment of the Court (Fifth Chamber) of 16 May 2019 (request for a preliminary ruling from the Landgericht München I — Germany) — Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’ v Land Niedersachsen (Reference for a preliminary ruling — Environment — Shipment of waste — Regulation (EC) No 1013/2006 — Waste subject to the prior written notification and consent procedure — Shipments within the European Union — Article 1(3)(b) — Exclusion from the regulation’s scope — Waste generated on board ships — Waste on board a ship following damage at sea)

29.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 255/6
            
         
      Judgment of the Court (Fifth Chamber) of 16 May 2019 (request for a preliminary ruling from the Landgericht München I — Germany) — Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’ v Land Niedersachsen
      (Case C-689/17) (1)
      
      (Reference for a preliminary ruling - Environment - Shipment of waste - Regulation (EC) No 1013/2006 - Waste subject to the prior written notification and consent procedure - Shipments within the European Union - Article 1(3)(b) - Exclusion from the regulation’s scope - Waste generated on board ships - Waste on board a ship following damage at sea)
      (2019/C 255/08)
      Language of the case: German
      
         Referring court
      
      Landgericht München I
      
         Parties to the main proceedings
      
      
         Applicant: Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’
      
         Defendant: Land Niedersachsen
      
         Operative part of the judgment
      
      Article 1(3)(b) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste must be interpreted as meaning that residues, in the form of scrap metal and of fire-extinguishing water mixed with sludge and cargo residues, such as those at issue in the main proceedings, attributable to damage occurring on board a ship at sea, must be regarded as waste generated on board ships, within the meaning of that provision, which is, therefore, excluded from that regulation’s scope until it is offloaded in order to be recovered or disposed of.
      
         (1)  OJ C 94, 12.3.2018.