CELEX: C2002/084/24
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) 10 January 2002 In Case C-480/99 P: Gerry Plant and Others v Commission of the European Communities (Appeal — Action for annulment under Article 33 of the ECSC Treaty — Admissibility — Audi alteram partem rule in judicial proceedings)

6.4.2002                 EN                     Official Journal of the European Communities                                            C 84/15
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ                  (Regional Civil Court, Vienna) (Austria) for a preliminary ruling
1975 L 194, p. 39), as amended by Council Directive                        in the proceedings pending before that court between Clean
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), Article 6               Car Autoservice GmbH and Stadt Wien, Republik Österreich
of Council Directive 91/689/EEC of 12 December 1991 on                     — on the interpretation of the first subparagraph of
hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of                  Article 104(5) of the Rules of Procedure of the Court of Justice,
European Parliament and Council Directive 94/62/EC of                      in codified version 1999/C 65/01 of 6 March 1999 (OJ 1999
20 December 1994 on packaging and packaging waste (OJ                      C 65, p. 1) — the Court (Sixth Chamber), composed of:
1994 L 365, p. 10), the Court (Second Chamber), composed                   N. Colneric, President of the Second Chamber, acting as
of: N. Colneric, President of the Chamber, R. Schintgen and                President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris (Rapporteur), Judges, Advocate General: J. Mischo,              R. Schintgen (Rapporteur) and V. Skouris, Judges; L.A. Geel-
Registrar: H. von Holstein, Deputy Registrar, has given a                  hoed, Advocate General; H.A. Rühl, Principal Administrator,
judgment on 24 January 2002, in which it has ruled:                        for the Registrar, has given a judgment on 6 December 2001,
                                                                           in which it has ruled:
1.    Declares that, by not forwarding to the Commission information
      concerning plans for the management and disposal of waste
                                                                           Article 104(5) of the Rules of Procedure of the Court of Justice, in
      and hazardous waste in respect of the regions of Sicily and
                                                                           codified version 1999/C 65/01 of 6 March 1999, is to be
      Basilicata, or information concerning plans for the management
                                                                           interpreted as meaning that payment of the costs incurred by the
      of packaging and packaging waste in respect of all the Italian
                                                                           parties to the main proceedings for the purposes of the procedure
      regions, the Italian Republic has failed to fulfil its obligations
                                                                           under Article 234 EC for obtaining a preliminary ruling is governed
      under Article 7 of Council Directive 75/442/EEC of 15 July
                                                                           by the domestic law rules applicable to the proceedings before the
      1975 on waste, as amended by Council Directive 91/156/EEC
                                                                           national court, provided that those rules are not less favourable than
      of 18 March 1991, Article 6 of Council Directive 91/689/EEC
                                                                           those applicable to similar procedural steps which may be taken in
      of 12 December 1991 on hazardous waste, and Article 14 of
                                                                           such proceedings in accordance with national law.
      European Parliament and Council Directive 94/62/EC of
      20 December 1994 on packaging and packaging waste;
2.    Orders the Italian Republic to pay the costs.                        (1) OJ C 47 of 19.2.2000.
(1) OJ C 34 of 5.2.2000.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                          (Sixth Chamber)
                                                                                                     10 January 2002
                        of 6 December 2001
in Case C-472/99 (reference for a preliminary ruling from                  In Case C-480/99 P: Gerry Plant and Others v Commission
the Landesgericht für Zivilrechtssachen Wien): Clean Car                                  of the European Communities (1)
Autoservice GmbH v Stadt Wien, Republik Österreich (1)
                                                                           (Appeal — Action for annulment under Article 33 of the
(Article 234 EC — Costs of the parties to the main                         ECSC Treaty — Admissibility — Audi alteram partem rule
proceedings — Article 104(5) of the Rules of Procedure of                                        in judicial proceedings)
                              the Court)
                                                                                                      (2002/C 84/24)
                           (2002/C 84/23)
                                                                                              (Language of the case: English)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                            in the European Court Reports)
In Case C-472/99: reference to the Court under Article 234                 In Case C-480/99 P, Gerry Plant and Others (agents: B. Hewson,
EC from the Landesgericht für Zivilrechtssachen Wien                       barrister, instructed by T. Graham, solicitor): Appeal against
 ---pagebreak--- C 84/16                  EN                      Official Journal of the European Communities                                           6.4.2002
the order of the Court of First Instance of the European                                     JUDGMENT OF THE COURT
Communities (Second Chamber) of 29 September 1999 in
Joined Cases T-148/98 and T-162/98 Evans and Others v
Commission [1999] ECR II-2837, seeking to have that order
set aside, the other parties to the proceedings being: Com-                                          (Sixth Chamber)
mission of the European Communities (agents: M. Erhart
and B. Doherty) and South Wales Small Mines Association,
established in Fochriw, Near Bargoed (United Kingdom),                                               24 January 2002
(agents: T. Sharpe, QC, and M. Brealey, barrister, instructed by
S. Llewellyn Jones, solicitor) the Court (Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann, J.-P. Puissochet (Rapporteur), R. Schintgen and                       in Case C-500/99 P: Conserve Italia Soc. Coop. arl v
J.N. Cunha Rodrigues, Judges, Advocate General: D. Ruiz-                           Commission of the European Communities (1)
Jarabo Colomer, Registrar: R. Grass, has given a judgment on
10 January 2002, in which it:
                                                                            (Appeal — Agriculture — EAGGF — Discontinuance of
                                                                            financial aid — Regulation (EEC) No 355/77 — Regulation
                                                                                  (EEC) No 4253/88 — Principle of proportionality)
1.   Sets aside the order of the Court of First Instance of 29 Septem-
     ber 1999 in Joined Cases T-148/98 and T-162/98 Evans
     and Others v Commission in so far as:
                                                                                                      (2002/C 84/25)
     —     it dismissed the action in Case T-148/98 as inadmissible;
                                                                                                (Language of the case: Italian)
     —     it joined Cases T-148/98 and T-168/98;
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
     —     it stated that it was unnecessary to rule on the application
           for legal aid made in Case T-148/98 or on the application
           for leave to intervene made by PowerGen UK plc, National
           Power plc and British Coal Corporation in the same case;
                                                                            In Case C-500/99 P: Conserve Italia Soc. Coop. arl, formerly
                                                                            Massalombarda Colombani SpA, established in San Lazzaro di
     —     it ordered the applicants in Case T-148/98 to bear their         Savena (Italy), (agents: M. Averani, A. Pisaneschi, P. de Caterini
           own costs and, jointly and severally, to pay those incurred      and S. Zunarelli): Appeal against the judgment of the Court of
           by the Commission of the European Communities in Case            First Instance of the European Communities (Third Chamber)
           T-162/98;                                                        of 12 October 1999 in Case T-216/96 Conserve Italia v
                                                                            Commission [1999] ECR II-3139, seeking to have that judg-
                                                                            ment set aside the other party to the proceedings being:
     —     it ordered the applicant in Case T-162/98, jointly and           Commission of the European Communities (agent: F. Ruggeri
           severally with the applicants in Case T-148/98, to pay           Laderchi, assisted by M. Moretto), the Court (Sixth Chamber),
           the costs incurred by the Commission of the European             composed of: F. Macken (Rapporteur), President of the
           Communities in Case T-148/98;                                    Chamber, C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha
                                                                            Rodrigues, Judges, Advocate General: S. Alber, Registrar:
                                                                            L. Hewlett, Administrator, has given a judgment on 24 January
                                                                            2002, in which it:
2.   Refers Case T-148/98 back to the Court of First Instance to
     enable it to give judgment on the substance of the case;
                                                                            1.    Dismisses the appeal;
3.   Reserves the costs in Case T-148/98.
                                                                            2.    Orders Conserve Italia Soc. Coop. arl to pay the costs.
(1) OJ C 63 of 4.3.2000.
                                                                            (1) OJ C 79 of 18.3.2000.