CELEX: C2000/006/13
Language: en
Date: 2000-01-08 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 5 October 1999 in Joined Cases C-175/98 and C-177/98 (references for a preliminary ruling from the Pretore di Udine): Criminal proceedings against Paolo Lirussi (C-175/98) and Francesca Bizzaro (C-177/98) (Waste — Directives 75/442/EEC and 91/689/EEC — Definition of temporary storage, pending collection, on the site where it is produced — Definition of waste management)

8.1.2000                  EN                      Official Journal of the European Communities                                             C 6/7
J. Grunwald) — the Court (Sixth Chamber), composed of:                       91/689/EEC of 12 December 1991 on hazardous waste (OJ
P.J.G. Kapteyn, President of the Chamber, J.L. Murray (Rappor-               1991 L 377, p. 20), as amended by Council Directive 94/31/EC
teur) and H. Ragnemalm, Judges; J. Mischo, Advocate General;                 of 27 June 1994 (OJ 1994 L 168, p. 28) — the Court (Fourth
R. Grass, Registrar, has given a judgment on 5 October 1999,                 Chamber), composed of: J.L. Murray, acting as President of the
in which it:                                                                 Fourth Chamber, H. Ragnemalm (Rapporteur) and R. Schint-
                                                                             gen, Judges; P: Léger, Advocate General; L. Hewlett, Adminis-
1. Sets aside the judgment of the Court of First Instance of                 trator, for the Registrar, has given a judgment on 5 October
     15 October 1997 in Case T-331/94 IPK v Commission in so                 1999 in which it has ruled:
     far as it dismissed the claim of IPK-München GmbH for
     annulment of the Commission’s decision of 3 August 1994 to              1. ‘Temporary storage’ of waste must be distinguished from ‘storage
     refuse to pay the balance of financial assistance granted to                 pending’ further operations and is not a ‘management operation’
     support a project to create a database of information on ecological          within the meaning of Article 1(d) of Council Directive
     tourism in Europe, and ordered the applicant to pay the costs;               75/442/EEC of 15 July 1975 on waste, as amended by Council
                                                                                  Directive 91/156/EEC of 18 March 1991.
2. Refers the case back to the Court of First Instance for it to give
     judgment on the claim of IPK-München GmbH for annulment                 2. The competent national authorities are required, with regard to
     of the decision of 3 August 1994;                                            temporary storage operations, to ensure that the obligations
                                                                                  arising from Article 4 of Directive 75/442 are complied with.
3. Orders the costs to be reserved.
                                                                             (1) OJ C 209 of 4.7.1998.
( 1) OJ No C 55 of 20.2.1998.
                                                                                               JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                      (Third Chamber)
                          (Fourth Chamber)
                                                                                                    of 12 October 1999
                          of 5 October 1999
                                                                             in Case C-213/98: Commission of the European Communi-
in Joined Cases C-175/98 and C-177/98 (references for a                                                ties v Ireland (1)
preliminary ruling from the Pretore di Udine): Criminal
proceedings against Paolo Lirussi (C-175/98) and Frances-
                       ca Bizzaro (C-177/98) (1)                             (Failure by a Member State to fulfil its obligations —
                                                                                                   Directive 92/100/EEC)
(Waste — Directives 75/442/EEC and 91/689/EEC —
Definition of temporary storage, pending collection, on the                                             (2000/C 6/14)
site where it is produced — Definition of waste management)
                             (2000/C 6/13)                                                       (Language of the case: English)
                      (Language of the case: Italian)
                                                                             In Case C-213/98: Commission of the European Communities
                                                                             (Agent: K. Banks) v Ireland (Agent: M.A. Buckley) — application
(Provisional translation: the definitive translation will be published       for a declaration that, by failing to adopt the laws, regulations
                     in the European Court Reports)                          and administrative provisions necessary to comply with
                                                                             Council Directive 92/100/EEC of 19 November 1992 on
In Joined Cases C-175/98 and C-177/98: references to the                     rental right and lending right and on certain rights related to
Court under Article 177 of the EC Treaty (now Article 234                    copyright in the field of intellectual property (OJ 1992 L 346,
EC) from the Pretore di Udine (Italy) for a preliminary ruling               p. 61) and/or by failing to inform the Commission thereof,
in the criminal proceedings pending before that court between                Ireland has failed to fulfil its obligations under the EC Treaty
Paolo Lirussi (Case C-175/98) and Francesca Bizzaro (Case                    — the Court (Third Chamber), composed of: J.C. Moitinho de
C-177/98) — on the interpretation of Council Directive                       Almeida, President of the Chamber, C. Gulmann (Rapporteur)
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194,                          and J.-P. Puissochet, Judges; P. Léger, Advocate General; R.
p. 39), as amended by Council Directive (EEC) 91/156/EEC of                  Grass, Registrar, has given a judgment on 12 October 1999,
18 March 1991 (OJ 1991 L 78, p. 32), and Council Directive                   in which it: