CELEX: C2003/184/06
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 June 2003 in Case C-444/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court): The Queen on the application of Mayer Parry Recycling Ltd v Environment Agency, Secretary of State for the Environment, Transport and the Regions (Directive 75/442/EEC, as amended by Directive 91/156/EEC and Decision 96/350/EC — Directive 94/62/EC — Concept of waste — Concept of recycling — Processing of metal packaging waste)

C 184/4                 EN                           Official Journal of the European Union                                                 2.8.2003
                  JUDGMENT OF THE COURT                                      2.    That interpretation would be no different if the concepts of
                                                                                   ‘recycling’ and ‘waste’ referred to by Council Directive 75/442/
                                                                                   EEC of 15 July 1975 on waste were taken into account.
                            (Fifth Chamber)
                                                                             (1) OJ C 45, 10.2.2001.
                           of 19 June 2003
in Case C-444/00 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Queen's
Bench Division (Administrative Court): The Queen on
the application of Mayer Parry Recycling Ltd v Environ-                                          JUDGMENT OF THE COURT
ment Agency, Secretary of State for the Environment,
                  Transport and the Regions (1)                                                          (Sixth Chamber)
                                                                                                         of 12 June 2003
(Directive 75/442/EEC, as amended by Directive 91/156/EEC
and Decision 96/350/EC — Directive 94/62/EC — Concept
of waste — Concept of recycling — Processing of metal                        in Case C-97/01: Commission of the European Commu-
                           packaging waste)                                               nities v Grand Duchy of Luxembourg (1)
                                                                             (Failure of a Member State to fulfil obligations — Telecom-
                            (2003/C 184/06)                                  munications — Rights of way — Failure to transpose Direc-
                                                                                                  tive 90/388/EEC effectively)
                     (Language of the case: English)                                                      (2003/C 184/07)
                                                                                                   (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published in
                                                                                                    the European Court Reports)
In Case C-444/00: Reference to the Court under Article 234
EC by the High Court of Justice of England and Wales, Queen's
Bench Division (Administrative Court), for a preliminary ruling              In Case C-97/01, Commission of the European Communities
in the proceedings pending before that court between The                     (Agents: S. Rating and F. Siredey-Garnier) v Grand Duchy of
Queen on the application of Mayer Parry Recycling Ltd and                    Luxembourg (Agent: J. Faltz): Applications for a declaration
Environment Agency, Secretary of State for the Environment,                  that, by failing to ensure, in practice, the effective transposition
Transport and the Regions, interveners: Corus (UK) Ltd and                   into Luxembourg law of Article 4d of Commission Directive
Allied Steel and Wire Ltd (ASW), on the interpretation of                    90/388/EEC of 28 June 1990 on competition in the markets
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ                    for telecommunications services (OJ 1990 L 192, p. 10), as
1975 L 194, p. 39), as amended by Council Directive 91/156/                  amended by Commission Directive 96/19/EC of 13 March
EEC of 18 March 1991 (OJ 1991 L 78, p. 32) and Commission                    1996 (OJ 1996 L 74, p. 13), the Grand Duchy of Luxembourg
Decision 96/350/EC of 24 May 1996 (OJ 1996 L 135, p. 32),                    has failed to fulfil its obligations, the Court (Sixth Chamber),
and of European Parliament and Council Directive 94/62/EC of                 composed of: J.-P. Puissochet, President of the Chamber,
20 December 1994 on packaging and packaging waste (OJ                        C. Gulmann, V. Skouris, F. Macken and N. Colneric (Rappor-
1994 L 365, p. 10), the Court (Fifth Chamber), composed of:                  teur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Regis-
M. Wathelet, President of the Chamber, C.W.A. Timmermans                     trar, has given a judgment on 12 June 2003, in which it:
(Rapporteur), P. Jann, S. von Bahr and A. Rosas, Judges;
S. Alber, Advocate General; M.-F. Contet, Principal Adminis-                 1.    Declares that, by failing to ensure the effective transposition of
trator, for the Registrar, has given a judgment on 19 June                         Article 4d of Commission Directive 90/388/EEC of 28 June
2003, in which it has ruled:                                                       1990 on competition in the markets for telecommunications
                                                                                   services, as amended by Commission Directive 96/19/EC of
                                                                                   13 March 1996, the Grand Duchy of Luxembourg has failed
1.    ‘Recycling’ within the meaning of Article 3(7) of European                   to fulfil its obligations;
      Parliament and Council Directive 94/62/EC of 20 December
      1994 on packaging and packaging waste is to be interpreted as          2.    Orders the Grand Duchy of Luxembourg to pay the costs.
      not including the reprocessing of metal packaging waste when it
      is transformed into a secondary raw material such as material
      meeting the specifications of Grade 3B, but as covering the            (1) OJ C 108, 7.4.2001.
      reprocessing of such waste when it is used to produce ingots,
      sheets or coils of steel.