CELEX: C2003/264/10
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-114/01 (Reference for a preliminary ruling from the Korkein hallinto-oikeus): AvestaPolarit Chrome Oy, formerly Outokumpu Chrome Oy (Approximation of laws — Directives 75/442/EEC and 91/156/EEC — Meaning of "waste" — Production residue — Mine — Use — Storage — Article 2(1)(b) — Meaning of "other legislation" — National legislation outside the framework of Directives 75/442/EEC and 91/156/EEC)

1.11.2003                EN                           Official Journal of the European Union                                                 C 264/7
                  JUDGMENT OF THE COURT                                             mentioned in that provision, if it relates to the management of
                                                                                    that waste as such within the meaning of Article 1(d) of
                                                                                    Directive 75/442, and if it results in a level of protection of the
                          (Sixth Chamber)                                           environment at least equivalent to that aimed at by that
                                                                                    directive, whatever the date of its entry into force.
                       of 11 September 2003
                                                                              (1) OJ C 173 of 16.6.2001.
in Case C-114/01 (Reference for a preliminary ruling from
the Korkein hallinto-oikeus): AvestaPolarit Chrome Oy,
             formerly Outokumpu Chrome Oy (1)
                                                                                                JUDGMENT OF THE COURT
(Approximation of laws — Directives 75/442/EEC and 91/
156/EEC — Meaning of ‘waste’ — Production residue —                                                     (Fifth Chamber)
Mine — Use — Storage — Article 2(1)(b) — Meaning
of ‘other legislation’ — National legislation outside the                                            of 18 September 2003
   framework of Directives 75/442/EEC and 91/156/EEC)
                                                                              in Case C-125/01 (Reference for a preliminary ruling from
                                                                              the Sozialgericht Leipzig): Peter Pflücke v Bundesanstalt
                           (2003/C 264/10)                                                                für Arbeit (1)
                                                                              (Protection of workers — Insolvency of the employer —
                    (Language of the case: Finnish)
                                                                              Guarantee of payment of outstanding salary — National
                                                                              provision laying down a two-month time-limit for lodging
                                                                              applications for payment and providing for an extension of
(Provisional translation; the definitive translation will be published
                                                                                                         that time-limit)
                    in the European Court Reports)
                                                                                                        (2003/C 264/11)
                                                                                                  (Language of the case: German)
In Case C-114/01: Reference to the Court under Article 234
EC by the Korkein hallinto-oikeus (Finland) for a preliminary                 (Provisional translation; the definitive translation will be published
ruling in the proceedings brought before that court by                                            in the European Court Reports)
AvestaPolarit Chrome Oy, formerly Outokumpu Chrome Oy,
on the interpretation of Articles 1(a) and 2(1)(b) of Council
Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975                        In Case C-125/01: Reference to the Court under Article 234
L 194, p. 39), as amended by Council Directive 91/156/EEC                     EC by the Sozialgericht Leipzig (Germany) for a preliminary
of 18 March 1991 (OJ 1991 L 78, p. 32), the Court                             ruling in the proceedings pending before that court between
(Sixth Chamber), composed of: J.-P. Puissochet (Rapporteur),                  Peter Pflücke and Bundesanstalt für Arbeit, on the interpret-
President of the Chamber, R. Schintgen, V. Skouris, F. Macken                 ation of Article 9 of Council Directive 80/987/EEC of 20 Octo-
and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate                       ber 1980 on the approximation of the laws of the Member
General; H.A. Rühl, Principal Administrator, for the Registrar,               States relating to the protection of employees in the event of
has given a judgment on 11 September 2003, in which it has                    the insolvency of their employer (OJ 1980 L 283, p. 23), the
ruled:                                                                        Court (Fifth Chamber), composed of: M. Wathelet, President of
                                                                              the Chamber, C.W.A. Timmermans, D.A.O. Edward (Rappor-
                                                                              teur), P. Jann and A. Rosas, Judges; J. Mischo, Advocate
1.    In a situation such as that at issue in the main proceedings, the       General; R. Grass, Registrar, has given a judgment on 18 Sep-
      holder of leftover rock and residual sand from ore-dressing             tember 2003, in which it has ruled:
      operations from the operation of a mine discards or intends to
      discard those substances, which must consequently be classified
                                                                              1.    Council Directive 80/987/EEC of 20 October 1980 on the
      as waste within the meaning of Council Directive 75/442/EEC
                                                                                    approximation of the laws of the Member States relating to the
      of 15 July 1975 on waste, as amended by Council Directive                     protection of employees in the event of the insolvency of their
      91/156/EEC of 18 March 1991, unless he uses them lawfully                     employer does not preclude the application of a time-limit laid
      for the necessary filling in of the galleries of that mine and
                                                                                    down by national law for the lodging of an application by an
      provides sufficient guarantees as to the identification and actual
                                                                                    employee seeking to obtain, in accordance with the detailed
      use of the substances to be used for that purpose.                            rules laid down in that directive, a compensation payment in
                                                                                    respect of outstanding salary claims resulting from his
2.    In so far as it does not constitute a measure of application of               employer’s insolvency, provided that the time-limit is no less
      Directive 75/442, as amended by Directive 91/156, and in                      favourable than those governing similar domestic applications
      particular Article 11 of that directive, national legislation must            (principle of equivalence) and is not framed in such a way as to
      be regarded as ‘other legislation’ within the meaning of                      render impossible in practice the exercise of rights conferred by
      Article 2(1)(b) of that directive covering a category of waste                Community law (principle of effectiveness);