CELEX: C2002/044/03
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 December 2001 in Case C-481/99 (Reference for a preliminary ruling from the Bundesgerichtshof): Georg Heininger and Helga Heininger v Bayerische Hypo- und Vereinsbank AG (Consumer protection — Doorstep selling — Right of cancellation — Agreement to grant credit secured by charge on immovable property)

C 44/2                   EN                       Official Journal of the European Communities                                          16.2.2002
of waste within, into and out of the European Community (OJ                  for a preliminary ruling in the proceedings pending before that
1993 L 30, p. 1), the Court, composed of: G.C. Rodrı́guez                    court between Georg Heininger and Helga Heininger and
Iglesias, President, N. Colneric (President of Chambers), C. Gul-            Bayerische Hypo- und Vereinsbank AG on the interpretation
mann, D.A.O. Edward, A. La Pergola (Rapporteur), L. Sevón,                  of Council Directive 85/577/EEC of 20 December 1985 to
M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha Rodrigues                  protect the consumer in respect of contracts negotiated away
and C.W.A. Timmermans, Judges, Advocate General: P. Léger,                   from business premises (OJ 1985 L 372, p. 31), and Council
Registrar: H.A. Rühl, Principal Administrator, has given a                   Directive 87/102/EEC of 22 December 1986 for the approxi-
judgment on 13 December 2001, in which it has ruled:                         mation of the laws, regulations and administrative provisions
                                                                             of the Member States concerning consumer credit (OJ 1987
1.    Where a national measure generally prohibiting exports of              L 42, p. 48) as amended by Council Directive 90/88/EEC of
      waste for disposal is justified by the principles of proximity,        22 February 1990 (OJ 1990 L 61, p. 14), the Court (Sixth
      priority for recovery and self-sufficiency, in accordance with         Chamber), composed of F. Macken, President of the Chamber,
      Article 4(3)(a)(i) of Council Regulation (EEC) No 259/93 of            C. Gulmann (Rapporteur), J.P. Puissochet, V. Skouris and
      1 February 1993 on the supervision and control of shipments            J.N. Cunha Rodrigues, Judges, Advocate General: P. Léger,
      of waste within, into and out of the European Community, it is         Registrar: D. Louterman-Hubeau, Head of Division, has given
      not necessary for that national measure to be subject to a further     a judgment on 13 December 2001, in which it has ruled:
      and separate review of its compatibility with Articles 34 and 36
      of the EC Treaty (now, after amendment, Articles 29 EC and             1.    Council Directive 85/577/EEC of 20 December 1985 to
      30 EC).                                                                      protect the consumer in respect of contracts negotiated away
                                                                                   from business premises is to be interpreted as applying to a
2.    Article 4(3) of Regulation No 259/93 does not authorise a
                                                                                   secured-credit agreement such as that in point in the main
      Member State which has adopted legislation introducing an
                                                                                   proceedings, with the result that the right of cancellation
      obligation to offer waste for disposal to an approved body to
                                                                                   provided for in Article 5 of that directive is available to a
      provide that, where the waste is not allocated to a treatment
                                                                                   consumer who has entered into a contract of that type in one of
      centre for which that body is responsible, its shipment to
                                                                                   the cases specified in Article 1.
      treatment installations in other Member States is authorised
      only on condition that the intended disposal satisfy the               2.    Directive 85/577 precludes the national legislature from
      requirements of the environmental protection legislation of that             imposing a time-limit of one year from the conclusion of the
      Member State.                                                                contract within which the right of cancellation provided for in
3.    Articles 3 to 5 of Regulation No 259/93 preclude a Member                    Article 5 of that directive may be exercised, where the consumer
      State from applying to shipments between Member States of                    has not received the information specified in Article 4.
      waste for disposal, before the implementation of the notification
      procedure laid down in the regulation, its own procedure in            (1) OJ C 79 of 18.3.2000.
      relation to the offer and allocation of the waste.
(1) OJ C 352 of 4.12.1999.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                             of 13 December 2001
                           (Sixth Chamber)                                   in Case C-1/00: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
                       of 13 December 2001
in Case C-481/99 (Reference for a preliminary ruling                         (Failure of a Member State to fulfil its obligations — Refusal
from the Bundesgerichtshof): Georg Heininger and Helga                                    to end the ban on British beef and veal)
   Heininger v Bayerische Hypo- und Vereinsbank AG (1)
                                                                                                         (2002/C 44/04)
(Consumer protection — Doorstep selling — Right of
cancellation — Agreement to grant credit secured by charge                                        (Language of the case: French)
                      on immovable property)
                                                                             (Provisional translation; the definitive translation will be published
                            (2002/C 44/03)                                                       in the European Court Reports)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published       In Case C-1/00: Commission of the European Communities
                    in the European Court Reports)                           (Agents: D. Booss and G. Berscheid), supported by United
                                                                             Kingdom of Great Britain and Northern Ireland, (Agent:
                                                                             J.E. Collins, assisted by D. Anderson QC and M. Hoskins) v
In Case C-481/99: reference to the Court under Article 234                   French Republic (Agents: initially K. Rispal-Bellanger and
EC by the Bundesgerichtshof (Federal Republic of Germany)                    J.-F. Dobelle, subsequently R. Loosli-Surrans and J.-F. Dobelle,