CELEX: C2003/101/24
Language: en
Date: 2003-04-26 00:00:00
Title: Order of the Court of Justice (First Chamber) of 30 January 2003 in Case C-176/02 P: Laboratoire Monique Rémy SAS v Commission of the European Communities (Appeal — Action seeking annulment — Inadmissibility on grounds of lateness — Appeal manifestly inadmissible)

C 101/14                EN                           Official Journal of the European Union                                          26.4.2003
             ORDER OF THE COURT OF JUSTICE                                   received at the Court Registry on 8 January 2003, for a
                                                                             preliminary ruling in the dispute of administrative law between
                          (First Chamber)                                    Eiterköpfe and Land Rheinland-Pfalz on the following ques-
                                                                             tions:
                        of 30 January 2003
in Case C-176/02 P: Laboratoire Monique Rémy SAS v                           1.    On a proper construction of Article 5(1) of Council
        Commission of the European Communities ( 1)                                Directive 1999/31/EC (1) laying down Community
                                                                                   requirements for a strategy for the reduction of biodegrad-
                                                                                   able waste going to landfills, can that provision be
(Appeal — Action seeking annulment — Inadmissibility on                            transposed into national law in the form of measures
    grounds of lateness — Appeal manifestly inadmissible)                          imposing more stringent requirements, in accordance
                                                                                   with Article 176 EC, which differ from those set out in
                          (2003/C 101/24)                                          Article 5(2) of the directive (reduction by a specific
                                                                                   calendar year of biodegradable municipal waste going to
                    (Language of the case: French)                                 landfills to a specific percentage of the total amount
                                                                                   by weight of biodegradable municipal waste) in that
                                                                                   municipal waste and waste that can be deposited in the
(Provisional translation; the definitive translation will be published             same way as municipal waste may be landfilled only if
                   in the European Court Reports)                                  the appropriate ‘organic component of dry residue of the
                                                                                   original substance’ classification criterion (expressed as
                                                                                   either combustion loss or TOC) is satisfied?
In Case C-176/02 P: Laboratoire Monique Rémy SAS, having
its registered office in Grasse (France), represented by J.-
F. Pupel, avocat — Appeal against the order of the Court of
                                                                             2.    a)   If so, are the Community requirements laid down in
First Instance of the European Communities (First Chamber)
                                                                                        Article 5(2) of the directive to be construed as
of 21 March 2002 in Case T-218/01 Laboratoire Monique
                                                                                        meaning that the targets for reduction set out in that
Rémy v Commission [2002] ECR II-2139, seeking to have that
                                                                                        provision, namely:
order set aside, the other party to the proceedings being:
Commission of the European Communities (Agent: A. Bordes)
— The Court (First Chamber), composed of: M. Wathelet
(Rapporteur), President of the Chamber, P. Jann and A. Rosas,                           —     75 % of the total amount by weight by 16 July
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,                                 2006,
has made an order on 30 January 2003, the operative part of
which is as follows:
1.    The appeal is dismissed.                                                          —     50 % of the total amount by weight by 16 July
                                                                                              2009, and
2.    The company Laboratoire Monique Rémy SAS shall bear the
      costs.
                                                                                        —     35 % of the total amount by weight by 16 July
( 1) OJ C 169 of 13.7.2002.                                                                   2016,
                                                                                        are met, having regard to the Community law
                                                                                        principle of proportionality, by a national provision
                                                                                        under which: the organic content of dry residue of
                                                                                        the original substance in the case of municipal waste
Reference for a preliminary ruling by the Verwaltungsger-                               and waste that can be deposited in the same way as
icht Koblenz by order of that Court of 4 December 2002                                  municipal waste must, by 1 June 2005, be no more
in the dispute of administrative law between Eiterköpfe                                 than either 5 % by mass, expressed as combustion
                    and Land Rheinland-Pfalz                                            loss, or 3 % by mass, expressed as TOC; from
                                                                                        1 March 2001, waste subject to mechanical and
                            (Case C-6/03)                                               biological treatment may be landfilled at existing
                                                                                        sites until 15 July 2009 at the latest, or even beyond
                          (2003/C 101/25)                                               that date in certain cases, only if the organic content
                                                                                        of dry residue of the original substance is no more
                                                                                        than 18 % by mass, expressed as TOC, and the
                                                                                        biodegradability of the dry residue of the original
Reference has been made to the Court of Justice of the                                  substance is no more than 5 mg/g, expressed as
European Communities by order of the Verwaltungsgericht                                 aerobic activity (AT 4), or 20 l/kg, expressed as the
Koblenz (Administrative Court, Koblenz) of 4 December 2002,                             gas formation rate in the fermentation test (GB 21)?