CELEX: C2003/083/01
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 February 2003 in Case C-228/00: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Article 7(2) and (4) of Regulation (EEC) No 259/93 — Classification of the purpose of a shipment of waste (recovery or disposal) — Incinerated waste — Point R1 of Annex II B to Directive 75/442/EEC — Concept of use principally as a fuel or other means to generate energy)

5.4.2003                 EN                          Official Journal of the European Union                                                 C 83/1
                                                                          I
                                                                   (Information)
                                                      COURT OF JUSTICE
                                                               COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                             principally as a fuel, the Federal Republic of Germany has failed
                                                                                    to fulfil its obligations under Article 7(2) and (4) of Council
                           (Fifth Chamber)                                          Regulation (EEC) No 259/93 of 1 February 1993 on the
                                                                                    supervision and control of shipments of waste within, into and
                        of 13 February 2003                                         out of the European Community;
in Case C-228/00: Commission of the European Communi-                        2.     Orders the Federal Republic of Germany to pay the costs.
             ties v Federal Republic of Germany (1)
                                                                             (1 ) OJ C 259 of 9.9.2000.
(Failure by a Member State to fulfil its obligations —
Article 7(2) and (4) of Regulation (EEC) No 259/93 —
Classification of the purpose of a shipment of waste (recovery
or disposal) — Incinerated waste — Point R1 of Annex II B
to Directive 75/442/EEC — Concept of use principally as a
             fuel or other means to generate energy)
                                                                                                 JUDGMENT OF THE COURT
                            (2003/C 83/01)
                                                                                                         (Sixth Chamber)
                   (Language of the case: German)
                                                                                                        of 6 February 2003
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             in Case C-245/00 (Reference for a preliminary ruling from
                                                                             the Hoge Raad der Nederlanden): Stichting ter Exploitatie
                                                                             van Naburige Rechten (SENA) v Nederlandse Omroep
In Case C-228/00, Commission of the European Communities                                                Stichting (NOS) (1)
(Agent: G. zur Hausen) v Federal Republic of Germany
(Agent: T. Jürgensen, assisted by D. Sellner): Application for a
declaration that by raising unjustified objections against certain           (Directive 92/100/EEC — Rental right and lending right
shipments of waste to other Member States to be used                         and certain rights related to copyright in the field of
principally as a fuel the Federal Republic of Germany has failed             intellectual property — Article 8(2) — Broadcasting and
to fulfil its obligations under Article 7(2) and (4) of Council                  communication to the public — Equitable remuneration)
Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into                                                (2003/C 83/02)
and out of the European Community (OJ 1993 L 30, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of                                       (Language of the case: Dutch)
the     Chamber, C.W.A. Timmermans                      (Rapporteur),
D.A.O. Edward, P. Jann and S. von Bahr, Judges; F.G. Jacobs,
                                                                             (Provisional translation; the definitive translation will be published
Advocate General; H.A. Rühl, Principal Administrator, for the
                                                                                                   in the European Court Reports)
Registrar, has given a judgment on 13 February 2003, in
which it:
1.    Declares that by raising unjustified objections to certain             In Case C-245/00: Reference to the Court under Article 234
      shipments of waste to other Member States to be used                   EC by the Hoge Raad der Nederlanden (Netherlands) for a