CELEX: C2003/101/07
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 27 February 2003 in Case C-389/00: Commission of the European Communities v Federal Republic of Germany (Failure to fulfil obligations — Articles 23 and 25 EC — Charge having an equivalent effect- Export of waste — Basle Convention — Regulation No 259/93 — Contribution to a solidarity fund)

C 101/4                   EN                         Official Journal of the European Union                                              26.4.2003
court between Adolf Truley GmbH and Bestattung Wien                                            JUDGMENT OF THE COURT
GmbH, on the interpretation of Article 1(b) of Council
Directive 93/36/EEC of 14 June 1993 coordinating procedures
for the award of public supply contracts (OJ 1993 L 199,                                                  (Fifth Chamber)
p. 1), the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans (Rapporteur),
P. Jann, S. von Bahr and A. Rosas, Judges; S. Alber, Advocate                                          of 27 February 2003
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 27 February 2003, in which it has
                                                                             in Case C-389/00: Commission of the European Communi-
ruled:
                                                                                          ties v Federal Republic of Germany (1)
                                                                             (Failure to fulfil obligations — Articles 23 and 25 EC —
                                                                             Charge having an equivalent effect- Export of waste — Basle
1.    The term ‘needs in the general interest’ in the second subpara-        Convention — Regulation No 259/93 — Contribution to a
      graph of Article 1(b) of Council Directive 93/36/EEC of                                              solidarity fund)
      14 June 1993 coordinating procedures for the award of public
      supply contracts is an autonomous concept of Community law.
                                                                                                          (2003/C 101/07)
2.    The activities of funeral undertakers may meet a need in the                                (Language of the case: German)
      general interest. The fact that a regional or local authority is
      legally obliged to arrange funerals — and, where necessary, to
      bear the costs of those funerals — where they have not been            (Provisional translation; the definitive translation will be published
      arranged within a certain period after a death certificate has                              in the European Court Reports)
      been issued constitutes evidence that there is such a need in the
      general interest.
                                                                             In Case C-389/00, Commission of the European Communities
                                                                             (Agent: J.C. Schieferer) v Federal Republic of Germany (Agent:
3.    The existence of significant competition does not, of itself, allow    B. Muttelsee-Schön, assisted by H.-J. Koch): Application for a
      the conclusion to be drawn that there is no need in the general        declaration that, by enacting the Gesetz über die Überwachung
      interest, not having an industrial or commercial character. The        und Kontrolle der grenzüberschreitenden Verbringung von
      national court must assess whether or not there is such a              Abfällen (Abfallverbringungsgesetz) (Act on the supervision
      need, taking account of all the relevant legal and factual             and control of transboundary shipments of waste; ‘the waste
      circumstances, such as those prevailing at the time of establish-      shipment act’) of 30 September 1994, BGBl. 1994 I, p. 2771),
      ment of the body concerned and the conditions under which it           establishing a solidarity fund for the return of waste and
      exercises its activity.                                                requiring exporters of waste, including those exporting to
                                                                             other Member States, to contribute to that fund, the Federal
                                                                             Republic of Germany has failed to fulfil its obligations under
                                                                             Articles 23 EC and 25 EC, the Court (Fifth Chamber),
4.    A mere review does not satisfy the criterion of management             composed of: D.A.O. Edward, acting for the President of the
      supervision in the third indent of the second subparagraph of          Chamber, A. La Pergola, P. Jann, S. von Bahr and A. Rosas
      Article 1(b) of Directive 93/36. That criterion is, however,           (Rapporteur), Judges; A. Tizzano, Advocate General; H.A. Rühl,
      satisfied where the public authorities supervise not only the          Principal Administrator, for the Registrar, has given a judgment
      annual accounts of the body concerned but also its conduct from        on 27 February 2003, in which it:
      the point of view of proper accounting, regularity, economy,
      efficiency and expediency and where those public authorities are
      authorised to inspect the business premises and facilities of that     1.    Declares that, by subjecting shipments of waste to other
      body and to report the results of those inspections to a regional            Member States to a mandatory contribution to the solidarity
      authority which holds, through another company, all the shares               fund for the return of waste established by the Gesetz über
      in the body in question.                                                     die Überwachung und Kontrolle der grenzüberschreitenden
                                                                                   Verbringung von Abfällen (Abfallverbringungsgesetz) of
                                                                                   30 September 1994, the Federal Republic of Germany has
                                                                                   failed to fulfil its obligations under Articles 23 EC and 25 EC;
( 1) OJ C 372 of 23.12.2000.                                                 2.    Orders the Federal Republic of Germany to pay the costs.
                                                                             (1 ) OJ C 4 of 6.1.2001.