CELEX: C1995/159/05
Language: en
Date: 1995-06-24 00:00:00
Title: JUDGMENT OF THE COURT of 10 May 1995 in Case C-422/92: Commission of the European Communities v. Federal Republic of Germany (Failure by a Member State to fulfil its obligations - Transposition of the Directives on waste, toxic and dangerous waste and the transfrontier shipment of hazardous waste)

24 . 6 . 95              EN                 Official Journal of the European Communities                                 No C 159/3
      the laws of the Member States concerning                              Republic of Germany has failed to fulfil its obligations
      telecommunications terminal equipment, including the                  under Directives 75/442/EEC and 78/319/EEC;
      mutual recognition of their conformity, the Kingdom of
      Belgium has failed to fulfil its obligations under               2 , for the rest, dismisses the application;
      Article 1 89 of the EC Treaty and Article 1 7 of Directive
      9 1 /263 /EEC;
                                                                       3 , orders the parties to bear their own costs.
2 , orders the Kingdom of Belgium to pay the costs.
                                                                       (M   OJ No  C 35 , 9 . 2 . 1993 .
                                                                       (2)  OJ No  L 194 , 25 . 7 . 1975 , p . 39 .
( ! ) OJ No C 275 , 1 . 10 . 1994 .                                    (3 ) OJ No  L 84, 31 . 3 . 1978 , p . 43 .
( 2 ) OJ No L 128 , 23 . 5 . 1991 , p . 1 .                            (4)  OJ No  L 326, 13 . 12 . 1984 , p . 31
                                                                       (5)  OJ No  L 181 , 4 . 7 . 1986 , p . 13 .
                 JUDGMENT OF THE COURT
                          of 10 May 1995                                             JUDGMENT OF THE COURT
in Case C-422/92 : Commission of the European                                                     of 10 May 1995
       Communities v. Federal Republic of Germany (*)                  in Case C-384/93 (reference for a preliminary ruling from
(Failure by a Member State to fulfil its obligations —                 the College van Beroep voor het Bedrijfsleven ): Alpine
 Transposition of the Directives on waste, toxic and                           Investments BV v. Minister van Financiën (M
dangerous waste and the transfrontier shipment of                      (Freedom to provide services — Article 59 of the EEC
                          hazardous waste)                             Treaty — Prohibition of cold calling by telephone for
                            ( 95/C 159/05 )                                                       financial services)
                                                                                                    ( 95/C 159/06 )
                  (Language of the case: German)
                                                                                       (Language of the case: Dutch)
(Provisional translation; the definitive translation will be
            published in the European Court Reports)                   (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
In Case C-422/92 : Commission of the European
Communities (Agents : Rolf Wàgenbaur, assisted by                      In Case C-384/93 : reference to the Court under Article 177
Alexander Bohlke, of the Brussels Bar ) v. Federal Republic
                                                                       of the EEC Treaty from the College van Beroep voor het
of Germany (Agents : Ernst Roder and Ludger-Anselm
                                                                       Bedrijfsleven ( Administrative Court for Trade and Industry)
Versteyl, Rechtsanwalt, Burgwedel ) — application for a
                                                                       for a preliminary ruling in the proceedings pending before
declaration that, by failing to bring into force all the
                                                                       that court between Alpine Investments BV and Minister van
measures needed to transpose Council Directive
                                                                       Financiën — on the interpretation of Article 59 of the EEC
75/442/EEC of 15 July 1975 on waste ( 2), Council Directive
                                                                       Treaty — the Court, composed of G. C. Rodriguez Iglesias,
78/319/EEC of 20 March 1978 on toxic and dangerous
waste ( 3 ), Council Directive 84/63 1 /EEC of 6 December              President, F. A. Schockweiler, P. J. G. Kapteyn and C.
                                                                       Gulmann, Presidents of Chambers, G. F. Mancini, J. C.
1984 on the supervision and control within the European
                                                                       Moitinho de Almeida, J. L. Murray, D. A. O. Edward
Community of the transfrontier shipment of hazardous
waste ( 4 ) and Council Directive 86/279/EEC of 12 June                ( Rapporteur ) and J. -P. Puissochet, Judges; F. G. Jacobs,
                                                                       Advocate-General; L. Hewlett, Administrator, for the
1986 amending Directive 84/631/EEC ( 5 ), the Federal
Republic of Germany has failed to fulfil its obligations               Registrar, gave a judgment on 10 May 1995 , the operative
                                                                       part of which is as follows :
under the EEC Treaty — the Court, composed of G. C.
Rodriguez Iglesias , President, F. A. Schockweiler and C.
Gulmann ( Presidents of Chambers ), G. F. Mancini, J. C.               1 . On a proper construction, Article 59 of the EEC Treaty
Moitinho de Almeida, J. L. Murray, D. A. O. Edward , J. -P.                 covers services which the provider offers by telephone to
Puissochet ( Rapporteur ) and G. Hirsch, Judges ; F. G.                     potential recipients established in other Member States
Jacobs , Advocate-General; D. Louterman-Hubeau,                             and provides without moving from the Member State in
Principal Administrator, for the Registrar, has given a                     which he is established.
judgment on 10 May 1995 , in which it:
                                                                       2 . Rules of a Member State which prohibit providers of
1 , declares that, by excluding certain categories of                       services established in its territory from making
      recyclable waste from the scope of its legislation on the             unsolicited telephone calls to potential clients
      disposal of waste and by failing to draw up, keep up to               established in other Member States in order to offer their
      date, publish or notify to the Commission within the                  services constitute a restriction on freedom to provide
      prescribed period the plans for the disposal of toxic and             services within the meaning of Article 59 of the
      dangerous waste for certain regions, the Federal                      Treaty.