CELEX: C1996/247/10
Language: en
Date: 1996-08-24 00:00:00
Title: Reference for a preliminary ruling from the Nederlandse Raad van State, by order of that court of 23 April 1996 in the case of 1. Chemische Afvalstoffen Dusseldorp BV, 2. Factron Technik GmbH and 3. Dusseldorp Lichtenvoorde BV v. Minister for Housing, Town and Country Planning and Conservation (Case C-203/96)

No C 247/6               EN                      Official Journal of the European Communities                                       24 . 8 . 96
corresponding to the references as at 30 March 1992                         2 . In the abovementioned Long-term Plan , the principles of
multiplied by the 2,15 % rate of refund , this may only take                      self-sufficiency and proximity find specific expression in
place in parallel with an across-the-board reduction in                           the pursuit of the best possible quality method of
reference quantities of the order of 2,35 % . As a result of                      disposal ( including recovery ) and continuity of disposal .
that operation , most producers who were previously                               Does this constitute a correct implementation of those
entitled to the removal of the reduction of 2,15 % occurring                      principles ?
during the eighth period will ultimately be faced not with the
reconstitution of their reference quantities but with their                 3 . ( a ) In so far as the criteria laid down in the Long-term
further reduction . It is clear from the wording of texts                               Plan for objecting to the export of waste for
published by the Ministry of Agriculture that the reduction                             recovery are in themselves acceptable, is this then a
operation was designed as a correcting mechanism to                                     case of a measure having equivalent effect within
neutralize the intended effect of Article 2 of Regulation                               the meaning of Article 34 of the EC Treaty, and is
No 1637/91 , that is to say , the reconstitution , to a level of                        there any justification for it ?
100% , of the reference quantities of most producers .
                                                                                  ( b ) In that context, if the principles of self-sufficiency
                                                                                        and proximity may be applied in regard to waste
(') OJ No L 150 , 15 . 6 . 1991 , p . 30 .                                              intended for recovery , does it make any difference
( 2 ) OJ , English Special Edition 1968 ( I ), p . 176 .                                whether those principles are applied primarily
                                                                                        within the Community as a whole or exclusively at
                                                                                        national level ?
                                                                            4 . Are the exclusive rights to incinerate dangerous waste
                                                                                  conferred by the Netherlands authority on AVR Chemie
                                                                                  CV in Sectoral Plan 10 of Part II of the Long-term Plan
Reference for a preliminary ruling from the Nederlandse                           compatible with Article 90 ( 1 ) and ( 2 ) in conjunction
Raad van State, by order of that court of 23 April 1996 in                        with Article 86 of the EC Treaty , having regard to the
the case of 1 . Chemische Afvalstoffen Dusseldorp BV, 2 .                         reasons given for such conferral in the Long-term
Factron Technik GmbH and 3 . Dusseldorp Lichtenvoorde                             Plan ?
BV v. Minister for Housing, Town and Country Planning
                          and Conservation                                  (') O ) No L 30 , 1993 , p . 1 .
                           ( Case C-203 /96 )                               ( 2 ) OJ No L 194 , 1975 , p . 47 .
                                                                            C ) OJ No L 78 , 1991 , p . 32 .
                             ( 96/C 247/ 10 )
Reference has been made to the Court of Justice of the
European Communities by an order of the Nederlandse
Raad van State ( Council of State of the Netherlands ) of
23 April 1 996 , which was received at the Court Registry on                Reference for a preliminary ruling from the
14 June 1996 , for a preliminary ruling in the case of 1 .                  Bundesarbeitsgericht by order of that court of 21 March
Chemische Afvalstoffen Dusseldorp BV, 2 . Factron Technik                   1996 in the case of E. F. Liebelt GmbH & Co KG v.
GmbH and 3 . Dusseldorp Lichtenvoorde BV v. Minister for                                              Marianne Seidel
Housing, Town and Country Planning and Conservation on                                               ( Case C-204/96 )
the following questions:
                                                                                                        ( 96/C 247/ 11 )
1 . ( a ) Having regard to the scheme of Regulation ( EEC )
            No 259/93 ( 1 ) of 1 February 1993 on the                       Reference has been made to the Court of Justice of the
            supervision and control of shipments of wastes                  European Communities by an order of the Eighth Senate of
            within , into and out of the European Community                 the Bundesarbeitsgericht ( Federal Labour Court ) of
            and Directive 75/442/EFC ( 2 ) of 15 July 1975 on               21 March 1996 , which was received at the Court Registry
            waste , as amended by Directive 91 / 156/EEC ( '),              on 1 7 June 1 996 , for a preliminary ruling in the case of E. F.
            read in conjunction with each other, do the                     Liebelt GmbH & Co KG v. Marianne Seidel on the
            principles of self-sufficiency and proximity apply              following questions :
            solely to the shipment between Member States of
            waste for disposal or also to waste for recovery ?              1 . Is there an undertaking, business or part of a business
                                                                                  within the meaning of Council Directive 77/ 1 87/EEC of
      ( b ) If the Court of Justice takes the view that                           14 February 1977 on the approximation of the laws of
            Regulation ( EEC ) No 259/93 and Directive                            the Member States relating to the safeguarding of
            75/442/EEC do not provide a basis for the                             employees' rights in the event of transfers of
            application of the principles of self-sufficiency and                 undertakings, businesses or parts of businesses ( '), on
            proximity to the shipment between Member States                       the part of the awarder of the contract or the contractor,
            of waste for recovery , can Article 130t of the EC                    if an employer does not himself perform certain
            Treaty then provide a basis for rules such as those                   activities which can be carried out only in his business
            contained in the relevant part of the Long-term Plan                  but has them done , on the basis of a service contract or
            for Disposal of Dangerous Waste of June 1993                          contract for services , by a third party who engages the
            drawn up by the Netherlands Government ?                              necessary employees and is their employer ?