CELEX: C2002/144/05
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Fifth Chamber) 7 May 2002 in Case C-478/99: Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Obligation to reproduce in national legislation the list of terms which may be regarded as unfair contained in the annex to Directive 93/13)

C 144/4                  EN                     Official Journal of the European Communities                                            15.6.2002
Replacement packaging of pharmaceutical products is objectively            2.     Orders the Commission of the European Communities to pay
necessary within the meaning of the Court’s case-law if, without such             the costs;
repackaging, effective access to the market concerned, or to a
substantial part of that market, must be considered to be hindered as
the result of strong resistance from a significant proportion of           3.     Orders the Kingdom of Denmark and the Republic of Finland
consumers to relabelled pharmaceutical products.                                  to bear their own costs.
(1) OJ C 34 of 5.2.2000.                                                   (1) OJ C 63 of 4.3.2000.
                  JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                                      (Sixth Chamber)
                             7 May 2002
                                                                                                        18 April 2002
in Case C-478/99: Commission of the European Communi-
                  ties v Kingdom of Sweden (1)                             in Case C-9/00 (Reference for a preliminary ruling from
                                                                           the Korkein hallinto-oikeus): Palin Granit Oy v Vehmassa-
                                                                                 lon kansanterveystyön kuntayhtymän hallitus (1)
(Failure by a Member State to fulfil its obligations —
Directive 93/13/EEC — Unfair terms in consumer contracts
— Obligation to reproduce in national legislation the list of              (Harmonisation of laws — Directives 75/442/EEC and 91/
terms which may be regarded as unfair contained in the                     156/EEC — Concept of ‘waste’ — Production residue —
                     annex to Directive 93/13)                             Quarry — Storage — Use of waste — No risk to health or
                                                                                 the environment — Possibility of recovery of waste)
                           (2002/C 144/05)
                                                                                                       (2002/C 144/06)
                    (Language of the case: Swedish)
                                                                                                (Language of the case: Finnish)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-478/99, Commission of the European Communities
(Agents: L. Parpala and P. Stancanelli) v Kingdom of Sweden                In Case C-9/00: Reference to the Court under Article 234 EC
(Agents: L. Nordling and A. Kruse), supported by Kingdom of                by the Korkein hallinto-oikeus (Finland) for a preliminary
Denmark (Agent: J. Molde), and by Republic of Finland                      ruling in the proceedings pending before that court instituted
(Agents: T. Pynnä and E. Bygglin): Application for a declaration           by Palin Granit Oy and Vehmassalon kansanterveystyön
that, by failing to adopt the laws, regulations and administrative         kuntayhtymän hallitus, on the interpretation of Article 1(a) of
provisions necessary to implement in its national legal system             Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
the annex referred to in Article 3(3) of Council Directive 93/             1975 L 194, p. 39), as amended by Council Directive 91/156/
13/EEC of 5 April 1993 on unfair terms in consumer contracts               EEC of 18 March 1991 (OJ 1991 L 78, p. 32), the Court (Sixth
(OJ 1993 L 95, p. 29), the Kingdom of Sweden has failed to                 Chamber), composed of: F. Macken, President of the Chamber,
fulfil its obligations under that directive, the Court (Fifth              J.-P. Puissochet (Rapporteur), R. Schintgen, V. Skouris and
Chamber), composed of: P. Jann (Rapporteur), President of                  J. N. Cunha Rodrigues, Judges; F. G. Jacobs, Advocate General;
the Chamber, D. A. O. Edward and M. Wathelet, Judges;                      R. Grass, Registrar, has given a judgment on 18 April 2002, in
L. A. Geelhoed, Advocate General; H. A. Rühl, Principal                    which it has ruled:
Administrator, for the Registrar, has given a judgment on
7 May 2002, in which it:
                                                                           1.     The holder of leftover stone resulting from stone quarrying
                                                                                  which is stored for an indefinite length of time to await possible
1.    Dismisses the application;                                                  use discards or intends to discard that leftover stone, which is