CELEX: C2002/305/30
Language: en
Date: 2002-12-07 00:00:00
Title: Case C-375/02: Action brought on 18 October 2002 by the Commission of the European Communities against the Italian Republic

C 305/16               EN                      Official Journal of the European Communities                                        7.12.2002
Action brought on 15 October 2002 by the Commission                       In cases where a product is handled at several stages before it
of the European Communities against the Kingdom of                        reaches the consumer what is or are, under Article 12(2)(a) of
                              Belgium                                     the Trade Mark Directive (1), the relevant class or classes of
                                                                          persons for determining whether a trade mark has become the
                         (Case C-370/02)                                  common name in the trade for a product in respect of which
                                                                          it is registered?
                         (2002/C 305/28)
                                                                          (1 ) First Council Directive 89/104/EEC of 21 December 1988 to
                                                                               approximate the laws of the Member States relating to trade
An action against the Kingdom of Belgium was brought                           marks (OJ L 40 of 11.2.1989, p. 1).
before the Court of Justice of the European Communities on
15 October 2002 by the Commission of the European
Communities, represented by Claire-Françoise Durand and
Minas Konstantinidis, acting as Agents, with an address for
service in Luxembourg.
The applicant claims that the Court should:
                                                                          Action brought on 18 October 2002 by the Commission
(1) declare that, by failing to adopt all the laws, regulations           of the European Communities against the Italian Republic
       and administrative measures necessary in order to comply
       with Council Directive 1999/31/EC of 26 April 1999 on                                        (Case C-375/02)
       the landfill of waste (1), and by failing, in any event, to
       communicate such measures to the Commission, the
       Kingdom of Belgium has failed to fulfil its obligations                                      (2002/C 305/30)
       under that directive;
(2) order the Kingdom of Belgium to pay the costs.
                                                                          An action against the Italian Republic was brought before the
                                                                          Court of Justice of the European Communities on 18 October
                                                                          2002 by the Commission of the European Communities,
Pleas in law and main arguments
                                                                          represented by Minas Konstantinidis and Roberto Amorosi,
                                                                          acting as Agents.
The time-limit for transposition expired on 16 July 2001. As
regards the Region of Wallonia, the Kingdom of Belgium has
still not adopted the measures necessary to comply with the               The applicant claims that the Court should:
directive or, at all events, has not communicated those
measures to the Commission.                                               1.     declare that, by failing to adopt the necessary measures
                                                                                 to ensure that waste deposited in the disposal sites at
                                                                                 Castelliri (Frosinone) is recovered or disposed of without
( 1) OJ L 182 of 16.7.1999, p. 1.
                                                                                 endangering human health and without using procedures
                                                                                 or methods which could harm the environment, and by
                                                                                 failing to adopt the measures necessary to ensure that the
                                                                                 holder of waste deposited in the disposal sites at Castelliri
                                                                                 (Frosinone) has such waste handled by a private or public
                                                                                 collector or an undertaking carrying out the operations
Reference for a preliminary ruling by the Svea Hovrätt                           provided for in Annex II A or II B to Directive 75/442/
by order of that Court of 14 October 2002 in the case of                         EEC (1), as amended by Directive 91/156/EEC ( 2), or
Björnekulla Fruktindustrier Aktiebolag against Procordia                         himself recovers or disposes of such waste, the Italian
                         Food Aktiebolag                                         Republic has failed to fulfil its obligations under Articles 4
                                                                                 and 8 of that directive;
                         (Case C-371/02)
                                                                          2.     order the Italian Republic to pay the costs.
                         (2002/C 305/29)
                                                                          Pleas in law and main arguments
Reference has been made to the Court of Justice of the
European Communities by order of the Svea Hovrätt (Svea
Court of Appeal) of 14 October 2002, received at the Court                The first paragraph of Article 4 of the directive provides that
Registry on 16 October 2002, for a preliminary ruling in                  Member States are to adopt the necessary measures to ensure
the case of Björnekulla Fruktindustrier Aktiebolag against                that waste is recovered or disposed of without endangering
Procordia Food Aktiebolag on the following question:                      human health and without using processes or methods which
 ---pagebreak--- 7.12.2002              EN                   Official Journal of the European Communities                                       C 305/17
could harm the environment, and in particular without risk to          2002, received at the Court Registry on 23 October 2002, for
water, air, soil and plants and animals, without causing a             a preliminary ruling in the case of Association Comité
nuisance through noise or odours and without adversely                 économique régional agricole fruits et légumes de Bretagne
affecting the countryside or places of special interest.               (CERAFEL) against François Faou and GAEC de Kerlidou on
                                                                       the following question:
In the present case, the Italian Republic has not adopted any          Can a Member State, without infringing the principle of non-
appropriate measure to ensure that waste deposited in the Via          discrimination, apply Article 15b(1) and (8) of Regulation
Granciara disposal site in Castelliri is recovered or disposed         (EEC) No 1035/72 of the Council of 18 May 1972 (1) by
of without endangering human health and without using                  making certain production and marketing rules mandatory for
procedures or methods which could harm the environment.                producers who are established in the district of a Board and
Consequently, it has failed to fulfil its obligations under            who are not members of it and by making them liable for all
Article 4 of the directive.                                            or part of the fees paid by member producers, without
                                                                       distinguishing according to whether or not those non-member
                                                                       producers are part of a production sector regulated by law,
Article 8 of the directive provides that Member States are to          which, as in the case of the organic production sector, would
ensure that any holder of waste has it handled by a private or         make the Board’s measures irrelevant or of merely occasional
public waste collector or by an undertaking which carries out          and marginal interest for them.
the operations listed in Annex II A or B of the directive, or
recovers or disposes of it himself in accordance with the
provisions of the directive. To that end, the owners or                (1 ) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on
managers of disposal sites are regarded as holders within the               the common organization of the market in fruit and vegetables
meaning of Article 8.                                                       (OJ L 118 of 20.5.1972, p. 1).
The Italian Republic has failed to adopt the necessary measures
to ensure that the holder of waste deposited in the disposal
site at Castelliri (Frosinone) has such waste handled by a
private or public collector or an undertaking carrying out the
operations provided for in Annex II A or II B to the directive.
Consequently, it has failed to fulfil its obligations under
Article 8 of the directive.
                                                                       Action brought on 24 October 2002 by the Commission
                                                                       of the European Communities against the Italian Republic
( 1) OJ L 194 of 25.7.1975, p. 39.
( 2) OJ L 78 of 26.3.1991, p. 32.
                                                                                                 (Case C-383/02)
                                                                                                 (2002/C 305/32)
                                                                       An action against the Italian Republic was brought before the
Reference for a preliminary ruling by the Cour d’appel de
                                                                       Court of Justice of the European Communities on 24 October
Caen, chambres réunies by judgment of that Court of
                                                                       2002 by the Commission of the European Communities,
17 October 2002 in the case of Association Comité
                                                                       represented by Minas Konstantinidis and Roberto Amorosi,
économique régional agricole fruits et légumes de
                                                                       acting as Agents.
Bretagne (CERAFEL) against François Faou and GAEC de
                              Kerlidou
                                                                       The applicant claims that the Court should:
                         (Case C-381/02)
                                                                       1.     declare that, by failing to adopt the necessary measures
                         (2002/C 305/31)                                      to ensure that waste deposited in the disposal sites at
                                                                              Rodano (Milan) is recovered or disposed of without
                                                                              endangering human health and without using procedures
                                                                              or methods which could harm the environment, and by
                                                                              failing to adopt the measures necessary to ensure that the
Reference has been made to the Court of Justice of the                        holder of waste deposited in the disposal sites at Rodano
European Communities by judgment of the Cour d’appel de                       (Milan) has such waste handled by a private or public
Caen (Court of Appeal, Caen) chambres réunies of 17 October                   collector or an undertaking carrying out the operations