CELEX: C2005/229/09
Language: en
Date: 2005-09-17 00:00:00
Title: Case C-253/05: Action brought on 15 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/4
            
         Action brought on 15 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands
   (Case C-253/05)
   (2005/C 229/09)
   Language of the case: Dutch
   An action against the Kingdom of the Netherlands was brought before the Court of Justice of the European Communities on 15 June 2005 by the Commission of the European Communities, represented by Minas Konstantinidis and Pieter Van Nuffel, acting as Agents.
   The applicant claims that the Court should:
   
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               Declare that, by creating obstacles by means of the Convenant Verpakkingen (packaging rules) III, to the marketing in the Netherlands of drinks packaging originating in other Member States and satisfying the essential requirements laid down in European Parliament and Council Directive 94/62/EC (1) of 20 December 1994 on packaging and packaging waste, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 18 of that directive;
            
         
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               Order the Netherlands to pay the costs.
            
         Pleas and main arguments:
   The Netherlands legislation contains a clear restriction on intra-Community trade in beer, cold drinks and water in single-purpose plastic or glass packaging already marketed in another Member States. The Commission is of the view that this trade restriction is in breach of Article 18 of Directive 94/62 under which Member States may not impede the placing on the market of their territory of packaging which satisfies the provisions of this Directive.
   Packaging marketed in another Member State is deemed to satisfy the essential requirements of the directive; dealing in them on the internal market cannot therefore be impeded.
   
      (1)  OJ 1994 L 365, p. 10.