CELEX: C2007/095/12
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-176/05: Judgment of the Court (First Chamber) of 1 March 2007 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — KVZ retec GmbH v Republik Österreich (Waste — Regulation (EEC) No 259/93 — Supervision and control of shipments of waste — Meat-and-bone meal)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/8
            
         Judgment of the Court (First Chamber) of 1 March 2007 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — KVZ retec GmbH v Republik Österreich
   (Case C-176/05) (1)
   
   (Waste - Regulation (EEC) No 259/93 - Supervision and control of shipments of waste - Meat-and-bone meal)
   (2007/C 95/12)
   Language of the case: German
   Referring court
   Landesgericht für Zivilrechtssachen Wien
   Parties to the main proceedings
   
      Applicant: KVZ retec GmbH
   
      Defendant: Republik Österreich
   Re:
   Preliminary ruling — Landesgericht für Zivilrechtssachen Wien — Interpretation of Article 1(2)(d) and Article 26(1)(a) and (b) of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ 1993 L 30, p. 1) — Meat-and-bone meal shipments — Obligation to notify
   Operative part of the judgment
   Under Article 1(3)(a) of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Commission Regulation (EC) No 2557/2001 of 28 December 2001, the shipment of meat-and-bone meal classified as waste on account of a requirement or intention to discard it, which is destined for recovery only and listed in Annex II to that regulation, is excluded from the scope of the provisions of the regulation except as provided for in Article 1(3)(b) to (e), Article 11 and Article 17(1) to (3) thereof. However, it is for the national court to ensure that that shipment takes place in compliance with the requirements arising from the provisions of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No 808/2003 of 12 May 2003, amongst which those of Articles 7, 8 and 9 and of Annex II to the regulation may prove to be relevant.
   
      (1)  OJ C 143, 11.6.2005.