CELEX: C2002/044/02
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court of 13 December 2001 in Case C-324/99 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): DaimlerChrysler AG v Land Baden-Württemberg (Environment — Waste — Regulation (EEC) No 259/93 on shipments of waste — Conditions justifying prohibitions or restrictions on the export of waste — National legislation imposing the obligation to offer waste to an approved body)

16.2.2002               EN                      Official Journal of the European Communities                                                 C 44/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       trator, for the Registrar, has given a judgment on 13 December
                                                                             2001, in which it has ruled:
                         (Sixth Chamber)
                                                                             Paragraphs (1) and (3) of Article 3 of Regulation (EC) No 1484/95
                                                                             of 28 June 1995 laying down detailed rules for implementing the
                      of 13 December 2001                                    system of additional import duties and fixing additional import
                                                                             duties in the poultrymeat and egg sectors and for egg albumin, and
in Case C-317/99 (reference for a preliminary ruling                         repealing Regulation No 163/67/EC, are invalid, inasmuch as they
from the College van Beroep voor het bedrijfsleven):                         provide that the additional duty referred to therein is, as a general
Kloosterboer Rotterdam BV v Minister van Landbouw,                           rule, established on the basis of the representative price laid down in
                  Natuurbeheer en Visserij (1)                               Article 2(1) of Regulation No 1484/95 and that the duty is
                                                                             established on the basis of the cif import price of the shipment
                                                                             concerned only if the importer so requests.
(Reference for a preliminary ruling — Additional duties on
importation — Validity of Article 3 of Regulation (EC)
                            No 1484/95)                                      (1) OJ C 352 of 4.12.1999.
                          (2002/C 44/01)
                    (Language of the case: Dutch)                                              JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published                              of 13 December 2001
                   in the European Court Reports)
                                                                             in Case C-324/99 (Reference for a preliminary ruling from
                                                                             the Bundesverwaltungsgericht): DaimlerChrysler AG v
                                                                                                Land Baden-Württemberg (1)
In Case C-317/99: reference to the Court under Article 234
EC from the College van Beroep voor het bedrijfsleven                        (Environment — Waste — Regulation (EEC) No 259/93 on
(Administrative Court for Trade and Industry) (Netherlands)                  shipments of waste — Conditions justifying prohibitions or
for a preliminary ruling in the proceedings pending before that              restrictions on the export of waste — National legislation
court between Kloosterboer Rotterdam BV and Minister van                     imposing the obligation to offer waste to an approved body)
Landbouw, Natuurbeheer en Visserij — on the validity of
Article 3(1) and (3) of Commission Regulation (EC)                                                      (2002/C 44/02)
No 1484/95 of 28 June 1995 laying down detailed rules for
implementing the system of additional import duties and                                          (Language of the case: German)
fixing additional import duties in the poultrymeat and egg
sectors and for egg albumin, and repealing Regulation                        (Provisional translation; the definitive translation will be published
No 163/67/EEC (OJ 1995 L 145, p. 47) and on the interpret-                                       in the European Court Reports)
ation of that provision and of Articles 65 and 220(2)(b) of
Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302,                      In Case C-324/99: reference to the Court under Article 234 EC
p. 1) — the Court (Sixth Chamber), composed of: N. Colneric,                 by the Bundesverwaltungsgericht (Germany) for a preliminary
President of the Second Chamber, acting for the President of                 ruling in the proceedings pending before that court between
the Sixth Chamber, C. Gulmann, R. Schintgen, V. Skouris                      DaimlerChrysler AG and Land Baden-Württemberg, on the
(Rapporteur) and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo                interpretation of Council Regulation (EEC) No 259/93 of
Colomer, Advocate General; H.A. Rühl, Principal Adminis-                     1 February 1993 on the supervision and control of shipments
 ---pagebreak--- C 44/2                   EN                       Official Journal of the European Communities                                          16.2.2002
of waste within, into and out of the European Community (OJ                  for a preliminary ruling in the proceedings pending before that
1993 L 30, p. 1), the Court, composed of: G.C. Rodrı́guez                    court between Georg Heininger and Helga Heininger and
Iglesias, President, N. Colneric (President of Chambers), C. Gul-            Bayerische Hypo- und Vereinsbank AG on the interpretation
mann, D.A.O. Edward, A. La Pergola (Rapporteur), L. Sevón,                  of Council Directive 85/577/EEC of 20 December 1985 to
M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha Rodrigues                  protect the consumer in respect of contracts negotiated away
and C.W.A. Timmermans, Judges, Advocate General: P. Léger,                   from business premises (OJ 1985 L 372, p. 31), and Council
Registrar: H.A. Rühl, Principal Administrator, has given a                   Directive 87/102/EEC of 22 December 1986 for the approxi-
judgment on 13 December 2001, in which it has ruled:                         mation of the laws, regulations and administrative provisions
                                                                             of the Member States concerning consumer credit (OJ 1987
1.    Where a national measure generally prohibiting exports of              L 42, p. 48) as amended by Council Directive 90/88/EEC of
      waste for disposal is justified by the principles of proximity,        22 February 1990 (OJ 1990 L 61, p. 14), the Court (Sixth
      priority for recovery and self-sufficiency, in accordance with         Chamber), composed of F. Macken, President of the Chamber,
      Article 4(3)(a)(i) of Council Regulation (EEC) No 259/93 of            C. Gulmann (Rapporteur), J.P. Puissochet, V. Skouris and
      1 February 1993 on the supervision and control of shipments            J.N. Cunha Rodrigues, Judges, Advocate General: P. Léger,
      of waste within, into and out of the European Community, it is         Registrar: D. Louterman-Hubeau, Head of Division, has given
      not necessary for that national measure to be subject to a further     a judgment on 13 December 2001, in which it has ruled:
      and separate review of its compatibility with Articles 34 and 36
      of the EC Treaty (now, after amendment, Articles 29 EC and             1.    Council Directive 85/577/EEC of 20 December 1985 to
      30 EC).                                                                      protect the consumer in respect of contracts negotiated away
                                                                                   from business premises is to be interpreted as applying to a
2.    Article 4(3) of Regulation No 259/93 does not authorise a
                                                                                   secured-credit agreement such as that in point in the main
      Member State which has adopted legislation introducing an
                                                                                   proceedings, with the result that the right of cancellation
      obligation to offer waste for disposal to an approved body to
                                                                                   provided for in Article 5 of that directive is available to a
      provide that, where the waste is not allocated to a treatment
                                                                                   consumer who has entered into a contract of that type in one of
      centre for which that body is responsible, its shipment to
                                                                                   the cases specified in Article 1.
      treatment installations in other Member States is authorised
      only on condition that the intended disposal satisfy the               2.    Directive 85/577 precludes the national legislature from
      requirements of the environmental protection legislation of that             imposing a time-limit of one year from the conclusion of the
      Member State.                                                                contract within which the right of cancellation provided for in
3.    Articles 3 to 5 of Regulation No 259/93 preclude a Member                    Article 5 of that directive may be exercised, where the consumer
      State from applying to shipments between Member States of                    has not received the information specified in Article 4.
      waste for disposal, before the implementation of the notification
      procedure laid down in the regulation, its own procedure in            (1) OJ C 79 of 18.3.2000.
      relation to the offer and allocation of the waste.
(1) OJ C 352 of 4.12.1999.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                             of 13 December 2001
                           (Sixth Chamber)                                   in Case C-1/00: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
                       of 13 December 2001
in Case C-481/99 (Reference for a preliminary ruling                         (Failure of a Member State to fulfil its obligations — Refusal
from the Bundesgerichtshof): Georg Heininger and Helga                                    to end the ban on British beef and veal)
   Heininger v Bayerische Hypo- und Vereinsbank AG (1)
                                                                                                         (2002/C 44/04)
(Consumer protection — Doorstep selling — Right of
cancellation — Agreement to grant credit secured by charge                                        (Language of the case: French)
                      on immovable property)
                                                                             (Provisional translation; the definitive translation will be published
                            (2002/C 44/03)                                                       in the European Court Reports)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published       In Case C-1/00: Commission of the European Communities
                    in the European Court Reports)                           (Agents: D. Booss and G. Berscheid), supported by United
                                                                             Kingdom of Great Britain and Northern Ireland, (Agent:
                                                                             J.E. Collins, assisted by D. Anderson QC and M. Hoskins) v
In Case C-481/99: reference to the Court under Article 234                   French Republic (Agents: initially K. Rispal-Bellanger and
EC by the Bundesgerichtshof (Federal Republic of Germany)                    J.-F. Dobelle, subsequently R. Loosli-Surrans and J.-F. Dobelle,