CELEX: C1996/210/27
Language: en
Date: 1996-07-20 00:00:00
Title: Removal from the register of Case C-99/95

20 . 7 . 96              EN                  Official Journal of the European Communities                            No C 210/ 11
Reference for a preliminary ruling from the                                     Removal from the register of Case C-174/94 ( 1 )
Verwaltungsgericht Kôln by order of that court of 8 May                                             ( 96/C 210/26 )
1996     in   the     case     of  Richard   Buchen        GmbH     v.
                       Bezirksregierung Köln
                           ( Case C-193/96 )                            By order of 19 March 1 996 , the President of the Court of
                                                                        Justice of the European Communities ordered the removal
                             ( 96/C 210/25 )
                                                                        from the register of Case C-l 74/94 : French Republic v.
Reference has been made to the Court of Justice of the                  Commission of the European Communities, supported by
                                                                        United Kingdom of Great Britain and Northern Ireland .
European Communities by an order of the Fourth Chamber
of the Verwaltungsgericht Kôln ( Administrative Court,
Cologne ) of 8 May 1996 , which was received at the Court               ( i ) OJ No C 218 , 6 . 8 . 1994 .
Registry on 6 June 1996 , for a preliminary ruling in the case
of Richard Buchen GmbH v . Bezirksregierung Kôln on the
following questions :
1 . Do shipments of waste destined for recovery, within
     Annex III to Council Regulation ( EEC ) No 259/93 of
     1 February 1993 on the supervision and control of
     shipments of waste within, into and out of the European                    Removal from the register of Case C-99/95 (')
     Community ( 1 ), require the express or tacit consent of
                                                                                                    ( 96/C 210/27)
     the competent authority of dispatch, in accordance with
     Chapter B of the Regulation ?
2 . If the answer to Question 1 is in the affirmative : if that         By order of 29 April 1996 , the President of the Court of
     authority raises objections, does it thereby at the same          Justice of the European Communities ordered the removal
     time refuse consent or defer a decision ?                          from the register of Case C-99/95 : ( Reference for a
                                                                        preliminary ruling from the Hoge Raad der Nederlanden ):
3 . If the answers to Questions 1 and 2 are in the negative :           Saueressig GmbH & Co . v . Forbo-Krommenie BV.
     where the competent authority of destination has raised
     no objections or has consented to the shipment, may
                                                                        (') OJ No C 137, 3 . 6 . 1995 .
     the waste be shipped after the period specified in
     Article 7 ( 2 ) of Regulation ( EEC ) No 259/93 has passed,
     notwithstanding the objections raised by the competent
     authority of dispatch, if a legal remedy brought against
     the objections has suspensive effect under national
     law ?
4 . May the shipment of the waste referred to in Question 1
     be effected, despite the objections raised by the                         Removal from the register of Case C-3 50/95 (')
     competent authority of dispatch, if the competent                                              ( 96/C 210/28 )
     authority of destination has stamped the consignment
     note , even if the basis of the objections is that the waste
    will not be recovered but disposed of ( objection under             By order of 15 April 1996 , the President of the Court of
     the first or fifth indent of Article 7 ( 4 ) ( a ) of Regulation  Justice of the European Communities ordered the removal
     ( EEC ) No 259/93 )?                                               from the register of Case C-350/95 : Commission of the
                                                                        European Communities v. Grand-Duchy of Luxembourg.
(') OJ No L 30 , 6 . 2 . 1993 , p . 1 .
                                                                        (') OJ No C 351 , 30 . 12 . 1995 .