CELEX: C2002/109/09
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court 26 February 2002 in Case C-23/00 P: Council of the European Union v Boehringer Ingelheim Vetmedica GmbH e.a. (Appeal — Admissibility — Application to set aside a judgment of the Court of First Instance to the extent to which that Court declared that there was no need to rule on an objection of inadmissibility raised against an application dismissed by it as unfounded)

C 109/6                  EN                        Official Journal of the European Communities                                      4.5.2002
European Community (OJ 1993 L 30, p. 1), as amended by                                        JUDGMENT OF THE COURT
Commission Decision No 98/368/EC of 18 May 1998 (OJ
1998 L 165, p. 20), and Council Directive 75/442/EEC of
15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by
Council Directive 91/156/EEC of 18 March 1991 (OJ 1991                                              26 February 2002
L 78, p. 32) and by Commission Decision 96/350/EC of
24 May 1996 (OJ 1996 L 135, p. 32), the Court (Fifth
Chamber), composed of: P. Jann, President of the Chamber,
S. von Bahr and A. La Pergola (Rapporteur), Judges; F.G. Jacobs,              in Case C-23/00 P: Council of the European Union v
Advocate General; D. Louterman-Hubeau, Head of Division,                            Boehringer Ingelheim Vetmedica GmbH e.a. (1)
Registrar, has given a judgment on 27 February 2002, in
which it has ruled:
                                                                              (Appeal — Admissibility — Application to set aside a
                                                                              judgment of the Court of First Instance to the extent to
                                                                              which that Court declared that there was no need to rule on
1.   It follows from the system established by Council Regulation
                                                                              an objection of inadmissibility raised against an application
     (EEC) No 259/93 of 1 February 1993 on the supervision and
                                                                                               dismissed by it as unfounded)
     control of shipments of waste within, into and out of the
     European Community, as amended by Commission Decision
     98/368/EC of 18 May 1998,
                                                                                                     (2002/C 109/09)
     —      that the competent authority of dispatch, within the
            meaning of Article 2(c) thereof, is competent to verify
            whether a proposed shipment classified in the notification                          (Language of the case: English)
            as a ‘shipment of waste for recovery’ does in fact correspond
            to that classification, ssssand
     —      that, if that classification is incorrect, the authority must
            oppose the shipment by raising an objection founded on            In Case C-23/00 P, Council of the European Union (agents:
            that misclassification within the period prescribed by            M. Sims-Robertson and I. Dı́ez Parra): Appeal against the
            Article 7(2) of the Regulation.                                   judgment of the Court of First Instance of the European
                                                                              Communities (Second Chamber) of 1 December 1999 in
                                                                              Joined Cases T-125/96 and T-152/96 Boehringer v Council
                                                                              and Commission [1999] ECR II-3427, seeking to have that
2.   The deposit of waste in a disused mine does not necessarily              judgment set aside in part, the other parties to the proceedings
     constitute a disposal operation for the purposes of D 12 of              being: Boehringer Ingelheim Vetmedica GmbH, C.H. Boehrin-
     Annex II A to Council Directive 75/442/EEC of 15 July 1975               ger Sohn, established in Ingelheim am Rhein (Germany),
     on waste, as amended by Council Directive 91/156/EEC of                  (agents: D. Waelbroeck and D. Fosselard), Commission of
     18 March 1991 and Commission Decision 96/350/EC of                       the European Communities (agent: X. Lewis), Fédération
     24 May 1996.                                                             européenne de la santé animale (Fedesa), established in Brussels
                                                                              (Belgium), (agent: A. Vandencasteele), Stichting Kwaliteitsga-
                                                                              rantie Vleeskalverensector (SKV), established in La Haye
     The deposit must be assessed on a case-by-case basis to
                                                                              (Netherlands) (agents: G. van der Wal and L. Parret) and
     determine whether the operation is a disposal or a recovery
                                                                              United Kingdom of Great Britain and Northern Ireland (agent:
     operation within the meaning of that Directive.
                                                                              G. Amodeo, assisted by D. Lloyd Jones, QC), the Court,
                                                                              composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,
                                                                              F. Macken and N. Colneric (Presidents of Chambers), A. La
     Such a deposit constitutes a recovery if its principal objective is
                                                                              Pergola (Rapporteur), J.-P. Puissochet, M. Wathelet,
     that the waste serve a useful purpose in replacing other materials
     which would have had to be used for that purpose.                        R. Schintgen and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
                                                                              Advocate General; R. Grass, Registrar, has given a judgment
                                                                              on 26 February 2002, in which it:
(1) OJ C 79 of 18.3.2000.                                                     1.   Dismisses the appeal;
                                                                              2.   Orders the Council of the European Union to pay the costs
                                                                                   incurred by Boehringer Ingelheim Vetmedica GmbH and
                                                                                   C.H. Boehringer Sohn;
 ---pagebreak--- 4.5.2002               EN                      Official Journal of the European Communities                                             C 109/7
3.    Orders the United Kingdom of Great Britain and Northern             1.    Sets aside points 2 and 5 of the operative part of the judgment
      Ireland, the Commission of the European Communities, the                  of the Court of First Instance of 1 December 1999 in Joined
      Fédération Européenne de la Santé Animale (Fedesa) and the                Cases T-125/96 and T-152/96 Boehringer v Council and
      Stichting Kwaliteitsgarantie Vleeskalverensector (SKV) to bear            Commission;
      their own costs.
                                                                          2.    Dismisses the action for annulment brought by Boehringer
                                                                                Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn
(1) OJ C 102 of 8.4.2000.                                                       against Commission Regulation No 1312/96 of 8 July 1996
                                                                                amending Annex III to Council Regulation (EEC) No 2377/90
                                                                                laying down a Community procedure for the establishment of
                                                                                maximum residue limits of veterinary medicinal products in
                                                                                foodstuffs of animal origin;
                                                                          3.    Orders Boehringer Ingelheim Vetmedica GmbH and C.H.
                                                                                Boehringer Sohn, both in the proceedings before the Court of
                                                                                First Instance in Case T-152/96 and in those before the Court
                                                                                of Justice, to bear their own costs and to pay the whole of the
                 JUDGMENT OF THE COURT                                          costs incurred by the Commission of the European Communities;
                                                                          4.    Orders the Council of the European Union to bear the costs
                        26 February 2002                                        which it has incurred in the proceedings before the Court of
                                                                                First Instance in Case T-152/96;
in Case C-32/00 P: Commission of the European Com-                        5.    Orders the Fédération Européenne de la Santé Animale (Fedesa)
munities v Boehringer Ingelheim Vetmedica GmbH e.a. (1)                         and the Stichting Kwaliteitsgarantie Vleeskalverensector (SKV)
                                                                                to bear the costs which they have incurred both in the
                                                                                proceedings before the Court of First Instance in Case T-152/96
(Appeal — Veterinary medicinal products — Partial annul-                        and in those before the Court of Justice.
ment of Commission Regulation (EC) No 1312/96 in so far
as, in fixing the maximum residue limits for clenbuterol
chlorhydrate, it further specifies the permissible therapeutic            (1) OJ C 102 of 8.4.2000.
indications for that substance — Possibility for the Com-
mission, in fixing the maximum residue limits of veterinary
medicinal products, to take into account Directive 96/22/EC
 concerning the prohibition on the use of certain substances)
                                                                                             JUDGMENT OF THE COURT
                         (2002/C 109/10)
                                                                                                     (Sixth Chamber)
                   (Language of the case: English)
                                                                                                    27 February 2002
                                                                          in Case C-37/00 (Reference for a preliminary ruling from
                                                                          the Hoge Raad der Nederlanden): Herbert Weber v
In Case C-32/00 P, Commission of the European Communities                                  Universal Ogden Services Ltd (1)
(agent: X. Lewis): Appeal against the judgment of the Court of
First Instance of the European Communities (Second Chamber)               (Brussels Convention — Article 5(1) — Courts for the place
of 1 December 1999 in Joined Cases T-125/96 and T-152/96                  of performance of the contractual obligation — Contract of
Boehringer v Council and Commission [1999] ECR II-3427,                   employment — Place where the employee habitually carries
seeking to have that judgment set aside in part, the other                out his work — Definition — Work performed partly at an
parties to the proceedings being: Boehringer Ingelheim Vetme-             installation positioned over the continental shelf adjacent to
dica GmbH, C.H. Boehringer Sohn, established in Ingelheim                 a Contracting State and partly in the territory of another
am Rheim (Germany) (agents: D. Waelbroeck and D. Fosselard),                                        Contracting State)
Council of the European Union, Fédération européenne de la
Santé animale (Fedesa), established in Brussels (Belgium)                                             (2002/C 109/11)
(agents: A. Vandencasteele and D. Brinckman), Stichting
Kwaliteistsgarantie Vleeskalverensector (SKV), established in
                                                                                                (Language of the case: Dutch)
La Haye (Netherlands) (agents: G. van der Wal and L. Parret)
and United Kingdom of Great Britain and Northern Ireland,
the Court, composed of: G.C. Rodrı́guez Iglesias, President,              (Provisional translation; the definitive translation will be published
P. Jann, F. Macken and N. Colneric (Presidents of Chambers),                                   in the European Court Reports)
A. La Pergola (Rapporteur), J.-P. Puissochet, M. Wathelet,
R. Schintgen and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment               In Case C-37/00: Reference to the Court under the Protocol of
on 26 February 2002, in which it:                                         3 June 1971 on the interpretation by the Court of Justice of