CELEX: C2002/144/04
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court 23 April 2002 in Case C-443/99 (Reference for a preliminary ruling from the Oberlandesgericht Wien): Merck, Sharp & Dohme GmbH v Paranova Pharmazeutika Handels GmbH (Trade marks — Directive 89/104/EEC — Article 7(2) — Exhaustion of the rights conferred by the trade mark — Pharmaceutical products — Parallel importation — Repackaging of the trade-marked product)

15.6.2002                EN                       Official Journal of the European Communities                                            C 144/3
                 JUDGMENT OF THE COURT                                             hazardous waste and under Article 14 of European Parliament
                                                                                   and Council Directive 94/62/EC of 20 December 1994 on
                                                                                   packaging and packaging waste;
                           (Sixth Chamber)
                                                                             2.    Orders the French Republic to pay the costs.
                              2 May 2002
                                                                             (1) OJ C 281 of 2.10.1999.
in Case C-292/99: Commission of the European Communi-
                      ties v French Republic (1)
(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC, 91/156/
EEC, 91/689/EEC and 94/62/EC — Waste management
                                 plans)
                           (2002/C 144/03)                                                    JUDGMENT OF THE COURT
                     (Language of the case: French)                                                     23 April 2002
(Provisional translation; the definitive translation will be published       in Case C-443/99 (Reference for a preliminary ruling from
                    in the European Court Reports)                           the Oberlandesgericht Wien): Merck, Sharp & Dohme
                                                                                 GmbH v Paranova Pharmazeutika Handels GmbH (1)
                                                                             (Trade marks — Directive 89/104/EEC — Article 7(2) —
In Case C-292/99, Commission of the European Communities                     Exhaustion of the rights conferred by the trade mark
(Agents: H. van Lier and L. Ström) v French Republic (Agents:                — Pharmaceutical products — Parallel importation —
K. Rispal-Bellanger and D. Colas): Application for a declaration                       Repackaging of the trade-marked product)
that, by failing to draw up management plans either for the
whole of its territory or for all waste, and by failing to include
a chapter relating to packaging waste in all of the waste plans
                                                                                                       (2002/C 144/04)
which it has adopted, the French Republic has failed to fulfil
its obligations under Article 7(1) of 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                                        (Language of the case: German)
(OJ 1991 L 78, p. 32), under Article 6(1) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20) and under Article 14 of European                          (Provisional translation; the definitive translation will be published
Parliament and Council Directive 94/62/EC of 20 December                                        in the European Court Reports)
1994 on packaging and packaging waste (OJ 1994 L 365,
p. 10), the Court (Sixth Chamber), composed of: F. Macken,
President of the Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris (Rapporteur) and J. N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General,: H. A. Rühl, Principal Adminis-                In Case C-443/99: Reference to the Court under Article 234
trator; Registrar, has given a judgment on 2 May 2002, in                    EC by the Oberlandesgericht Wien (Austria) for a preliminary
which it:                                                                    ruling in the proceedings pending before that court between
                                                                             Merck, Sharp & Dohme GmbH and Paranova Pharmazeutika
                                                                             Handels GmbH, on the interpretation of Article 7(2) of First
1.    Declares that, by failing to draw up waste management plans            Council Directive 89/104/EEC of 21 December 1988 to
      for the whole of its territory, by failing to draw up, for certain     approximate the laws of the Member States relating to trade
      regions or certain departments, such plans for waste containing        marks (OJ 1989 L 40, p. 1), as amended by the Agreement on
      polychlorinated biphenyls, medical waste and special domestic          the European Economic Area of 2 May 1992 (OJ 1994 L 1,
      waste, and by failing to include a specific chapter relating to        p. 3), the Court, composed of: G.C. Rodrı́guez Iglesias,
      packaging waste in all of the waste management plans which it          President, P. Jann (President of Chamber), C. Gulmann (Rappor-
      has adopted, the French Republic has failed to fulfil its              teur), D. A. O. Edward, M. Wathelet, R. Schintgen, V. Skouris,
      obligations under Article 7(1) of Council Directive 75/442/            J. N. Cunha Rodrigues and C. W. A. Timmermans, Judges;
      EEC on 15 July 1975 on waste, as amended by Council                    F. G. Jacobs, Advocate General; D. Louterman-Hubeau, Head
      Directive 91/156/EEC of 18 March 1991, under Article 6(1)              of Division, for the Registrar, has given judgment on 23 April
      of Council Directive 91/689/EEC of 12 December 1991 on                 2002, in which it has ruled:
 ---pagebreak--- C 144/4                  EN                     Official Journal of the European Communities                                            15.6.2002
Replacement packaging of pharmaceutical products is objectively            2.     Orders the Commission of the European Communities to pay
necessary within the meaning of the Court’s case-law if, without such             the costs;
repackaging, effective access to the market concerned, or to a
substantial part of that market, must be considered to be hindered as
the result of strong resistance from a significant proportion of           3.     Orders the Kingdom of Denmark and the Republic of Finland
consumers to relabelled pharmaceutical products.                                  to bear their own costs.
(1) OJ C 34 of 5.2.2000.                                                   (1) OJ C 63 of 4.3.2000.
                  JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                                      (Sixth Chamber)
                             7 May 2002
                                                                                                        18 April 2002
in Case C-478/99: Commission of the European Communi-
                  ties v Kingdom of Sweden (1)                             in Case C-9/00 (Reference for a preliminary ruling from
                                                                           the Korkein hallinto-oikeus): Palin Granit Oy v Vehmassa-
                                                                                 lon kansanterveystyön kuntayhtymän hallitus (1)
(Failure by a Member State to fulfil its obligations —
Directive 93/13/EEC — Unfair terms in consumer contracts
— Obligation to reproduce in national legislation the list of              (Harmonisation of laws — Directives 75/442/EEC and 91/
terms which may be regarded as unfair contained in the                     156/EEC — Concept of ‘waste’ — Production residue —
                     annex to Directive 93/13)                             Quarry — Storage — Use of waste — No risk to health or
                                                                                 the environment — Possibility of recovery of waste)
                           (2002/C 144/05)
                                                                                                       (2002/C 144/06)
                    (Language of the case: Swedish)
                                                                                                (Language of the case: Finnish)
(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-478/99, Commission of the European Communities
(Agents: L. Parpala and P. Stancanelli) v Kingdom of Sweden                In Case C-9/00: Reference to the Court under Article 234 EC
(Agents: L. Nordling and A. Kruse), supported by Kingdom of                by the Korkein hallinto-oikeus (Finland) for a preliminary
Denmark (Agent: J. Molde), and by Republic of Finland                      ruling in the proceedings pending before that court instituted
(Agents: T. Pynnä and E. Bygglin): Application for a declaration           by Palin Granit Oy and Vehmassalon kansanterveystyön
that, by failing to adopt the laws, regulations and administrative         kuntayhtymän hallitus, on the interpretation of Article 1(a) of
provisions necessary to implement in its national legal system             Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
the annex referred to in Article 3(3) of Council Directive 93/             1975 L 194, p. 39), as amended by Council Directive 91/156/
13/EEC of 5 April 1993 on unfair terms in consumer contracts               EEC of 18 March 1991 (OJ 1991 L 78, p. 32), the Court (Sixth
(OJ 1993 L 95, p. 29), the Kingdom of Sweden has failed to                 Chamber), composed of: F. Macken, President of the Chamber,
fulfil its obligations under that directive, the Court (Fifth              J.-P. Puissochet (Rapporteur), R. Schintgen, V. Skouris and
Chamber), composed of: P. Jann (Rapporteur), President of                  J. N. Cunha Rodrigues, Judges; F. G. Jacobs, Advocate General;
the Chamber, D. A. O. Edward and M. Wathelet, Judges;                      R. Grass, Registrar, has given a judgment on 18 April 2002, in
L. A. Geelhoed, Advocate General; H. A. Rühl, Principal                    which it has ruled:
Administrator, for the Registrar, has given a judgment on
7 May 2002, in which it:
                                                                           1.     The holder of leftover stone resulting from stone quarrying
                                                                                  which is stored for an indefinite length of time to await possible
1.    Dismisses the application;                                                  use discards or intends to discard that leftover stone, which is