CELEX: C2002/247/07
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-285/02: Reference for a preliminary ruling by the Verwaltungsgericht Minden by order of that Court of 26 July 2002 in the case of Edeltraud Elsner-Lakeberg against Land Nordrhein-Westfalen

C 247/4                 EN                      Official Journal of the European Communities                                   12.10.2002
2.     If so, can such an objection be raised not only by the              Reference for a preliminary ruling by the Tribunale di
       authority of destination but also by the authority of               Treviso, Prima Sezione by order of that Court of 26 June
       dispatch?                                                           2002 in the case of Bellio F. lli S.r.l. against Prefettura di
                                                                                                       Treviso
3.     If so, is the authority of dispatch entitled to base its
       assessment of whether the planned recovery of the waste
       at the place of destination is compatible with health and
       environmental imperatives on the standards applicable in
       the State of dispatch even where they are higher than the                                   (Case C-286/02)
       standards applicable in the State of destination?
4.     Under the second indent of Article 7(4)(a) of Regulation
       No 259/93, can an objection to the shipment of waste                                        (2002/C 247/08)
       for recovery be raised on the ground that the planned
       recovery contravenes national laws and regulations relat-
       ing to environmental protection, public order, public
       safety or health protection?
5.     If so, can the authority of dispatch raise such an objection
       on the ground that the recovery contravenes national
       laws and regulations in force at the place of dispatch?
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Tribunale di Treviso,
                                                                           Prima Sezione (District Court, Treviso, First Chamber) of
                                                                           26 June 2002, received at the Court Registry on 5 August
                                                                           2002, for a preliminary ruling in the case of Bellio F. lli S.r.l.
                                                                           against Prefettura di Treviso on the following questions:
Reference for a preliminary ruling by the Verwaltungsge-
richt Minden by order of that Court of 26 July 2002                        1.   Are the first indent of Article 2(2) of Council Decision
in the case of Edeltraud Elsner-Lakeberg against Land                           2000/766 ( 1) and Article 1(1) of Commission Decision
                       Nordrhein-Westfalen                                      2001/9 ( 2), read together with the other Community rules
                                                                                on which those provisions are based, to be interpreted as
                          (Case C-285/02)                                       meaning that the accidental presence of an unforeseen or
                                                                                prohibited substance in fish flour used in the production
                                                                                of feed-stuffs for animals other than ruminants may be
                          (2002/C 247/07)                                       considered both legally and materially acceptable and
                                                                                that, accordingly, traders are allowed a reasonable margin
                                                                                of error?
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Minden (Administrative Court, Minden) of 26 July 2002,                     2.   In the affirmative, in the light of the principle of
received at the Court Registry on 2 August 2002, for a                          proportionality and the principle of precaution, and in
preliminary ruling in the case of Edeltraud Elsner-Lakeberg                     consideration of the Community provisions applicable in
against Land Nordrhein-Westfalen on the following question:                     the domains in which reference is made to accidental
                                                                                contamination of food-industry products and indications
                                                                                are given of relevant margins of error, does an accidental
Is it compatible with Article 141 EC in conjunction with                        contamination of 0.1 %, and in any case of not more
Council Directive 75/117/EEC of 10 February 1975 ( 1) on the                    than 0,5 %, of fragments of mammalian bone in fish flour
approximation of the laws of the Member States relating to                      intended for the production of feed-stuffs for animals
the application of the principle of equal pay for men and                       other than ruminants warrant the adoption of a draconian
women that men and women teachers, part-time as well as                         sanction such as the complete destruction of that fish
full-time, who are officials in the Land North-Rhine Westphalia                 flour?
are not granted remuneration for excess hours worked if that
additional work does not exceed three teaching periods in the
calendar month?
                                                                           3.   Does the exclusion of any margin of error in relation to
                                                                                the presence of the substances mentioned in the preceding
( 1) OJ L 45, p. 19.
                                                                                questions amount to the introduction of a technical
                                                                                standard within the meaning of Directive 83/189 ( 3) (as
                                                                                amended) which would have to be notified in advance to
                                                                                the European Commission?