CELEX: C2000/247/02
Language: en
Date: 2000-08-26 00:00:00
Title: Judgment of the Court of 23 May 2000 in Case C-58/99 Commission of the European Communities v Italian Republic (Privatisation of public undertakings — Grant of special powers)

C 247/2                 EN                       Official Journal of the European Communities                                           26.8.2000
3.    Neither Council Directive 75/442/EEC of 15 July 1995 on               of the procedures for the sale of shareholdings held by the
      waste, as amended by Council Directive 91/156/EEC of                  State and public bodies in joint stock companies (GURI
      18 March 1991, nor Council Regulation (EEC) No 259/93                 No 177 of 30 July 1994), and the decrees concerning the
      of 1 February 1993 on the supervision and monitoring of               ‘special powers’ laid down in the case of the privatisation of
      shipments of waste within, into and out of the European               ENI SpA and Telecom Italia SpA, the Italian Republic has failed
      Community requires that Member States conclude contracts              to fulfil its obligations under Articles 52 and 59 of the EC
      with all the undertakings authorised, within the meaning of           Treaty (now, after amendment, Articles 43 EC and 49 EC) and
      Article 10 of that directive, to receive and recover environmen-      Article 73b of the EC Treaty (now Article 56 EC) — the Court
      tally non-hazardous building waste.                                   composed of G.C. Rodrı́guez Iglesias, President, D.A.O Ed-
                                                                            ward, L Sevón and R. Schintgen, Presidents of Chambers,
4.    Article 7(3) of Directive 75422, as amended by Directive              P.J.G. Kapteyn (Rapporteur), A. La Pergola, J.-P. Puissochet,
      91/156, is to be interpreted as meaning that it allows a              G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges;
      Member State to take measures in relation to the shipment of          J. Misco, Advocate General; D. Louterman-Hubeau, Principal
      waste, including measures which prohibit the shipment of non-         Administrator, for the Registrar has given a judgment on
      hazardous building waste destined for recovery, if the shipment       23 May 2000 in which it:
      is not in accordance with its waste management plan, on
      condition that that plan is compatible with the rules of the          1.    Declares that, by adopting Articles 1(5) and 2 of the consoli-
      Treaty and of that directive.                                               dated text of Decree Law No 332 of 31 May 1994, converted,
                                                                                  after amendment, into Law No 474 of 30 July 1994, providing
5.    Article 7(3) of Directive 75422, as amended by Directive                    for acceleration of the procedures for the sale of shareholdings
      91/156, is to be interpreted as meaning that it does not confer             held by the State and public bodies in joint stock companies,
      on individuals any right on which they might rely before the                and the decrees concerning the ‘special powers’ laid down in the
      national courts for the purpose of challenging a measure                    case of the privatisation of ENI SpA and Telecom Italia SpA,
      designed to prevent movements of waste which are not in                     the Italian Republic has failed to fulfil its obligations under
      accordance with a waste management plan, on the ground that                 Articles 52 and 59 of the EC Treaty (now, after amendment,
      that measure has not been notified to the Commission.                       Articles 43 EC and 49 EC) and Article 73b of the EC Treaty
                                                                                  (now Article 56 EC);
(1) OJ C 234 of 25.7.1998.                                                  2.    Orders the Italian Republic to pay the costs.
                                                                            (1) OJ C 121 of 1.5.1999.
                 JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                          of 23 May 2000
                                                                                                     (Fourth Chamber)
in Case C-58/99 Commission of the European Communi-                                                   of 25 May 2000
                     ties v Italian Republic (1)
                                                                            in Case C-82/98 P, Max Kögler v Court of Justice of the
(Privatisation of public undertakings — Grant of special                    European Communities and Council of the European
                               powers)                                                                     Union (1)
                          (2000/C 247/02)                                   (Appeal — Staff Case — Weighting applicable to retirement
                                                                                                           pension)
                    (Language of the case: Italian)                                                   (2000/C 247/03)
                                                                                                (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                            (Provisional translation; the definitive version will be published in the
In Case C-58/99, Commission of the European Communities                                            European Court Reports)
(Agents: A. Aresu and M. Patakia) v Italian Republic (Agents:
Professor U. Leanza and I.M. Braguglia) — Application for a                 In Case T-95/98: Max Kögler, a former official of the Court of
declaration that, by adopting Articles 1(5) and 2 of the                    Justice of the European Communities, resident at Konz,
consolidated text of Decree Law No 332 of 31 May 1994                       Germany, represented by T. Baltes, of the Trier Bar, with an
(GURI No 126 of 1 June 1994), converted, after amendment,                   address for service in Luxembourg at the Chambers of
into Law No 474 of 30 July 1994, providing for acceleration                 R. Weber, 3 Rue de la Loge v Court of Justice of the European