CELEX: C2002/180/06
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 June 2002 in Case C-158/00: Grand Duchy of Luxembourg v Commission of the European Communities (Clearance of accounts — EAGGF — 1996 to 1998 financial years — Arable crops — Procedure to be followed by the Commission)

C 180/4                  EN                      Official Journal of the European Communities                                          27.7.2002
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                             (Fifth Chamber)
                                                                                                        of 6 June 2002
                           of 13 June 2002
                                                                            in Case C-159/00 (Reference for a preliminary ruling from
in Case C-158/00: Grand Duchy of Luxembourg v Com-                          the Cour de cassation): Sapod Audic v Eco-Emballages
           mission of the European Communities (1)                                                           SA (1)
(Clearance of accounts — EAGGF — 1996 to 1998 financial                     (Directive 83/189/EEC — Procedure for the provision of
years — Arable crops — Procedure to be followed by the                      information in the field of technical standards and regu-
                             Commission)                                    lations — Obligation to communicate draft technical regu-
                                                                            lations — Directives 75/442/EEC and 91/156/EEC — Waste
                                                                            — Obligation to make notification of planned measures —
                           (2002/C 180/06)                                  National regulations on disposal of packaging waste —
                                                                            Obligation on producers or importers to identify packaging
                                                                            to be disposed of by an approved undertaking — Obligation
                     (Language of the case: French)                         on the approved undertaking to ensure that packaging for
                                                                                which it is responsible meets technical requirements)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                     (2002/C 180/07)
                                                                                                 (Language of the case: French)
In Case C-158/00, Grand Duchy of Luxembourg (Agent:                         (Provisional translation; the definitive translation will be published
M. F. Hoffstetter, assisted by R. Nothar) v Commission of the                                   in the European Court Reports)
European Communities (Agents: P. Oliver and G. Berscheid):
Application for partial annulment of Commission Decision
2000/216/EC of 1 March 2000 excluding from Community
financing certain expenditure incurred by the Member States                 In Case C-159/00: Reference to the Court under Article 234
under the Guarantee Section of the European Agricultural                    EC by the Cour de Cassation (France) for a preliminary ruling
Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 67, p. 37),                  in the proceedings pending before that court between Sapod
in so far as it excluded from Community financing, for the                  Audic and Eco-Emballages SA on the interpretation of
1996 to 1998 ;financial years, expenditure of LUF 56 106 800                Articles 1 and 10 of Council Directive 83/189/EEC of 28 March
;incurred by the Grand Duchy of Luxembourg in the arable                    1983 laying down a procedure for the provision of information
crops sector, the Court (Fifth Chamber), composed of: P. Jann,              in the field of technical standards and regulations (OJ 1983
President of the Chamber, S. von Bahr (Rapporteur),                         L 109, p. 8), as amended by Council Directive 88/182/EEC of
D.A.O. Edward, A. La Pergola and M. Wathelet, Judges;                       22 March 1988 (OJ 1988 L 81, p. 75), Article 3(2) of Council
A. Tizzano, Advocate General; R. Grass, Registrar, has given a              Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975
judgment on 13 June 2002, in which it:                                      L 194, p. 39), as amended by Council Directive 91/156/EEC
                                                                            of 18 March 1991 (OJ 1991 L 78, p. 32), and Article 30 of
                                                                            the EC Treaty (now, after amendment, Article 28 EC), the
1.    Annuls Commission Decision 2000/216/EC of 1 March                     Court (Fifth Chamber), composed of: P. Jann, President of the
      2000 excluding from Community financing certain expenditure           Chamber, S. von Bahr and C.W.A. Timmermans (Rapporteur),
      incurred by the Member States under the Guarantee Section of          Judges; F.G. Jacobs, Advocate General; H. von Holstein, Deputy
      the European Agricultural Guidance Fund (EAGGF), in so far            Registrar, has given a judgment on 6 June 2002, in which it
      as it excludes from Community financing expenditure incurred          has ruled:
      by the Grand Duchy of Luxembourg in the arable crops sector
      prior to 26 May 1996;
                                                                            1.    A provision of national law such as the second paragraph of
2.    Dismisses the remainder of the application;                                 Article 4 of Decree No 92-377 of 1 April 1992 implementing,
                                                                                  in respect of packaging waste, Law No 75-633 of 15 July
                                                                                  1975 relating to the disposal of waste and the recovery of
3.    Orders each of the parties to bear its own costs.                           materials, as amended, could constitute a technical regulation
                                                                                  within the meaning of Council Directive 83/189/EEC of
                                                                                  28 March 1983 laying down a procedure for the provision of
(1) OJ C 176 of 24.6.2000.                                                        information in the field of technical standards and regulations,
                                                                                  as amended by Council Directive 88/182/EEC of 22 March
                                                                                  1988, only if the national court were to hold that it had to be
                                                                                  interpreted as requiring a mark or label to be applied.