CELEX: C2003/124/03
Language: en
Date: 2003-05-24 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 3 April 2003 in Case C-277/01 P: European Parliament v Ignacio Samper (Appeals — Officials — Reconstruction of career — Consideration of comparative merits)

C 124/2                  EN                           Official Journal of the European Union                                               24.5.2003
en Milieubeheer, on the interpretation of Council Directive 75/               Court of First Instance of the European Communities (Fourth
442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as                   Chamber) of 3 May 2001 in Case T-99/00 Samper v Parliament
amended by Council Directive 91/156/EEC of 18 March 1991                      [2001] ECR-SC I-A-111 and II-507, seeking to have that
(OJ 1991 L 78, p. 32) and Commission Decision 96/350/EC                       judgment set aside, the other party to the proceedings being:
of 24 May 1996 (OJ 1996 L 135, p. 32), the Court                              Ignacio Samper employee of the European Parliament, resident
(Fifth Chamber), composed of: M. Wathelet, President of the                   in Madrid (Spain), (represented by E. Boigelot), the Court
Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur),                       (Fifth Chamber), composed of: M. Wathelet, President of the
P. Jann and A. Rosas, Judges; F.G. Jacobs, Advocate General;                  Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and
M.-F. Contet, Principal Administrator, for the Registrar, has                 S. von Bahr (Rapporteur), Judges; L.A. Geelhoed, Advocate
given a judgment on 3 April 2003, in which it has ruled:                      General; R. Grass, Registrar, has given a judgment on 3 April
                                                                              2003, in which it has ruled:
1.    Where a waste treatment process comprises several distinct
      stages, it must be classified as a disposal operation or a recovery
      operation within the meaning of Council Directive 75/442/               1.    Annuls the judgment of the Court of First Instance of 3 May
      EEC of 15 July 1975 on waste, as amended by Council                           2001 in Case T-99/00 Samper v Parliament;
      Directive 91/156/EEC of 18 March 1991 and by Commission
      Decision 96/350/EC of 24 May 1996, for the purpose                      2.    Refers the case back to the Court of First Instance for it to give
      of implementing Council Regulation (EEC) No 259/93 of                         judgment on the claims by Mr Samper for annulment of
      1 February 1993 on the supervision and control of shipments                   the decision of the European Parliament of 9 June 1999
      of waste within, into and out of the European Community, as                   reconstructing his career, in so far as it sets at 1 January 1998
      amended by Council Regulation (EC) No 120/97 of 20 January                    the date for his promotion to Grade A 4 to take effect;
      1997, taking into account only the first operation that the
      waste is to undergo subsequent to shipment;
                                                                              3.    Reserves the costs.
2.    The calorific value of waste which is to be combusted is not a
      relevant criterion for the purpose of determining whether that
      operation constitutes a disposal operation as referred to in            (1 ) OJ C 245 of 1.9.2001.
      point D10 of Annex IIA to Directive 75/442, as amended by
      Directive 91/156 and by Decision 96/350, or a recovery
      operation as referred to in point R1 of Annex IIB thereof.
      Member States may establish distinguishing criteria for that
      purpose, provided that those criteria comply with those laid
      down in the Directive.
( 1) OJ C 161 of 2.6.2001.
                                                                              Action brought on 17 February 2003 by the Commission
                                                                              of the European Communities against the Kingdom of
                                                                                                               Spain
                  JUDGMENT OF THE COURT
                                                                                                         (Case C-70/03)
                           (Fifth Chamber)
                                                                                                        (2003/C 124/04)
                           of 3 April 2003
in Case C-277/01 P: European Parliament v Ignacio
                              Samper ( 1)
                                                                              An action against the Kingdom of Spain was brought before
(Appeals — Officials — Reconstruction of career — Con-                        the Court of Justice of the European Communities on 17 Febru-
                 sideration of comparative merits)                            ary 2003 by the Commission of the European Communities,
                                                                              represented by Isabel Martínez del Peral and Miguel França, of
                           (2003/C 124/03)                                    its Legal Service, with an address for service in Luxembourg.
                     (Language of the case: French)
                                                                              The applicant claims that the Court should:
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                            1.    Declare that, by failing to transpose fully into its national
                                                                                    law Articles 5 and 6(2) of Directive 93/12/EEC ( 1) of
                                                                                    5 April 1993 on unfair terms in consumer contracts, the
In Case C-277/01 P, European Parliament (Agents: H. von                             Kingdom of Spain has failed to fulfil its obligations under
Hertzen and D. Moore): Appeal against the judgment of the                           the Treaty and under that directive;