CELEX: C2007/129/16
Language: en
Date: 2007-06-09 00:00:00
Title: Case C-188/07: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 3 April 2007 — Commune de Mesquer v Total France, SA, Total International Ltd.

9.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/9
            
         Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 3 April 2007 — Commune de Mesquer v Total France, SA, Total International Ltd.
   (Case C-188/07)
   (2007/C 129/16)
   Language of the case: French
   Referring court
   Cour de Cassation
   Parties to the main proceedings
   
      Appellant: Commune de Mesquer
   
      Respondents: Total France, SA, formerly known as Total Raffinage Distribution, Total International Ltd.
   Questions referred
   
               1.
            
            
               Can heavy fuel oil, as the product of a refining process, meeting the user's specifications and intended by the producer to be sold as a combustible fuel, and referred to in Directive 68/414/EEC of 20 December 1968 (1) as amended by Directive 98/93/EC of 14 December 1998 (2) relating to strategic resources to which a stock-holding obligation attaches, be treated as waste within the meaning of Article 1 of Directive 75/442/EEC of 15 July 1975 (3) as amended by Directive 91/156/EEC of 18 March 1991 (4) and codified by Directive 2006/12/EC (5)?
            
         
               2.
            
            
               Does a cargo of heavy fuel oil, transported by a ship and accidentally spilled into the sea, constitute — either in itself or on account of being mixed with water and sediment — waste falling within Category Q4 in Annex I to Directive 2006/12/EC?
            
         
               3.
            
            
               Where the first question is answered in the negative and the second in the affirmative, can the producer of heavy fuel oil (Total Raffinage) and/or the seller and carrier (Total International Ltd) be regarded as the producer and/or holder of waste within the meaning of Article 1(b) and (c) of Directive 2006/12/EC and for the purposes of applying Article 15 of that Directive, even though at the time of the accident which transformed it into waste the product was being transported by a third party?
            
         
      (1)  Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ, English Special Edition 1968(II), p. 586).
   
      (2)  Council Directive 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ 1998 L 358, p. 100).
   
      (3)  Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39).
   
      (4)  Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32).
   
      (5)  Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9).