CELEX: C2003/146/12
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 8 May 2003 in Case C-113/01 (Reference for a preliminary ruling from the Högsta förvaltningsdomstolen): Paranova Oy (Interpretation of Article 28 EC and Article 30 EC — Medicinal products — Withdrawal of parallel import licence in consequence of waiver of the marketing authorisation for the medicinal product of reference)

C 146/8                  EN                          Official Journal of the European Union                                               21.6.2003
subject-matter, account should be taken only of the claims of the                              JUDGMENT OF THE COURT
respective applicants, to the exclusion of the defence submissions
raised by a defendant.
                                                                                                        (Fifth Chamber)
( 1) OJ C 134 of 5.5.2001.
                                                                                                        of 3 April 2003
                                                                             in Case C-116/01 (Reference for a preliminary ruling from
                                                                             the Raad van State): SITA EcoService Nederland BV,
                                                                             formerly Verol Recycling Limburg BV v Minister van
                                                                             Volkshuisvesting, Ruimtelijke Ordening en Milieu-
                  JUDGMENT OF THE COURT                                                                     beheer (1)
                          (Sixth Chamber)                                    (Environment — Waste — Regulation (EEC) No 259/93 —
                                                                             Directive 75/442/EEC — Treatment of waste in several
                                                                             stages — Use of waste as fuel in the cement industry and
                            of 8 May 2003
                                                                             use of incineration residues as raw material in cement
                                                                             manufacture — Classification as a recovery operation or as
in Case C-113/01 (Reference for a preliminary ruling from                    a disposal operation — Concept of the use of waste princi-
     the Högsta förvaltningsdomstolen): Paranova Oy (1)                             pally as a fuel or other means to generate energy)
(Interpretation of Article 28 EC and Article 30 EC —                                                    (2003/C 146/13)
Medicinal products — Withdrawal of parallel import licence
in consequence of waiver of the marketing authorisation for
               the medicinal product of reference)                                                (Language of the case: Dutch)
                           (2003/C 146/12)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                    (Language of the case: Swedish)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           In Case C-116/01: Reference to the Court under Article 234
                                                                             EC by the Raad van State (Netherlands) for a preliminary ruling
                                                                             in the proceedings pending before that court between SITA
                                                                             EcoService Nederland BV, formerly Verol Recycling Limburg
In Case C-113/01: Reference to the Court under Article                       BV and Minister van Volkshuisvesting, Ruimtelijke Ordening
234 EC by Högsta förvaltningsdomstolen (Finland) for a                       en Milieubeheer, on the interpretation of Council Directive 75/
preliminary ruling in the proceedings pending before that                    442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as
court brought by Paranova Oy on the interpretation of                        amended by Council Directive 91/156/EEC of 18 March 1991
Article 28 EC and Article 30 EC, the Court (Sixth Chamber),                  (OJ 1991 L 78, p. 32) and Commission Decision 96/350/EC
composed of: J.-P. Puissochet, President of the Chamber,                     of 24 May 1996 (OJ 1996 L 135, p. 32), the Court
C. Gulmann (Rapporteur), F. Macken, N. Colneric and                          (Fifth Chamber), composed of: M. Wathelet, President of the
J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate General;                 Chamber, C.W.A. Timmermans, A. La Pergola (Rapporteur),
H.A. Rühl, Principal Administrator, for the Registrar, has given             P. Jann and A. Rosas, Judges; F.G. Jacobs, Advocate General;
a judgment on 8 May 2003, in which it has ruled:                             M.-F. Contet, Principal Administrator, for the Registrar, has
                                                                             given a judgment on 3 April 2003, in which it has ruled:
Article 28 EC and Article 30 EC preclude national legislation under
which the withdrawal, at the request of its holder, of a marketing           1.    Where a waste treatment process comprises several distinct
authorisation of reference of itself entails the withdrawal of the                 stages, it must be classified as a disposal operation or a recovery
parallel import licence granted for the medicinal product in question.             operation within the meaning of Council Directive 75/442/
However, those provisions do not preclude restrictions on parallel                 EEC of 15 July 1975 on waste, as amended by Council
imports of the medicinal product in question where there is in fact a              Directive 91/156/EEC of 18 March 1991 and by Commission
risk to the health of humans as a result of the continued existence of             Decision 96/350/EC of 24 May 1996, for the purpose
that medicinal product on the market of the importing Member State.                of implementing 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 Community, as
( 1) OJ C 150 of 19.5.2001.
                                                                                   amended by Council Regulation (EC) No 120/97 of 20 January
                                                                                   1997, taking into account only the first operation that the
                                                                                   waste is to undergo subsequent to shipment;