CELEX: C1995/074/10
Language: en
Date: 1995-03-25 00:00:00
Title: Reference for a preliminary ruling from the Bundesverwaltungsgericht by order of that court of 28 September 1994 in the case Land Rheinland-Pfalz v. Alcan Deutschland GmbH; Joined Party: Oberbundesanwalt beim Bundesverwaltungsgericht (Case C-24/95)

25 . 3 . 95              EN                  Official Journal of the European Communities                                 No C 74/7
marketing non-Community bananas than from marketing                     Reference for a preliminary ruling from the Pretura
the same quantity of EC/ACP bananas.                                    Circondariale di Terni by order of 24 January 1995 in the
                                                                        criminal proceedings pending before it against Ivana Rosi
f 1 ) OJ No L 296 , 17 . 11 . 1994 , p. 33 .                                                   ( Case C-26/95 )
                                                                                                 ( 95/C 74/11 )
Reference for a preliminary ruling from the
                                                                        Reference has been made to the Court of Justice of the
Bundesverwaltungsgericht by order of that court of
28 September 1994 in the case Land Rheinland-Pfalz                      European Communities by an order of the Pretura
                                                                        Circondariale ( District Magistrate's Court), Terni, of
v.       Alcan Deutschland             GmbH; Joined         Party:
      Oberbundesanwalt beim Bundesverwaltungsgericht                    24 January 1995, which was received at the Court Registry
                                                                        on 6 February 1995 , for a preliminary ruling in the criminal
                          ( Case C-24/95 )                              proceedings pending before it against Ivana Rosi on the
                             ( 95/C 74/10 )                             following questions:
Reference has been made to the Court of Justice of the
European Communities by an order of the                                 whether the definitions of 'waste ' and 'waste destined for
Bundesverwaltungsgericht ( Federal Administrative Court)
                                                                        recovery' laid down in Council Directive 91/156/EEC (*),
of 28 September 1994 , which was received at the Court
Registry on 2 February 1995 , for a preliminary ruling in the
                                                                        Council Directive 91/689/EEC (2 ) and Regulation ( EEC )
case of Land Rheinland-Pfalz v. Alcan Deutschland GmbH;
                                                                        No 259/93 ( 3 ) should at present continue to be understood
                                                                        and interpreted in the light of the previous case-law of the
Joined             party:         Oberbundesanwalt           beim       Court and whether at the same time those two definitions
Bundesverwaltungsgericht ( Senior Federal Attorney at the
Federal Administrative Court), on the following                         may in every case be regarded as including all materials,
questions :
                                                                        however residual, derived from production or consumption
                                                                        cycles in a manufacturing or combustion process and, if so,
                                                                        whether those materials as well are to be regarded from the
1 . is the competent authority obliged, by reason of the                point of view of Community rules as being subject to the
      requirement to apply national law in such a way that              system established by the abovementioned directives;
      'the recovery required by Community law is not
      rendered practically impossible and the interests of the
      Community are taken fully into consideration', to
      revoke, in accordance with a final, binding decision of           whether a deactivation process intended merely to render
      the EC Commission ordering recovery, the aid decision             waste harmless may be included among the operations
      in question even if the authority has allowed the                 intended to make a residue re-usable and therefore as such
      preclusive time-limit which exists for that purpose under         falling outside the system laid down by the Community
      national law in the interest of legal certainty to                legislation on waste;
      elapse ?
2 . If the reply to Question 1 is in the affirmative :
                                                                        whether landfill tipping in hollows or embankmens may be
      is the competent authority obliged, by reason of the              regarded as the recovery of waste capable of being classified
       abovementioned requirement, to revoke, in accordance             as residues not governed by EEC legislation on waste;
      with a final, binding decision of the EC Commission
       ordering recovery, the aid decision in question even if
       the competent authority is responsible for the illegality
       of the aid decision to such a degree that revocation             whether waste incineration may be included among the
       appears to be a breach of good faith towards the                 recovery of materials simply because marketable residues
       recipient ?                                                      are obtained therefrom and may consequently fall outside
                                                                        the system laid down by the Community legislation on
                                                                        waste and in particular outside the incineration rules;
 3 . If the replies to Questions 1 and 2 are in the
       affirmative :
       is the competent authority obliged, by reason of the             whether waste may be classified as a re-usable residue
       abovementioned requirement, to demand, in                        without its characteristics or purpose being defined to that
       accordance with a final, binding decision of the EC              end and may thus fall outside the scope of the EEC
       Commission ordering recovery, the repayment of the aid           legislation on waste;
       which was granted even if such demand is excluded by
       national law because the gain no longer exists and in the
       absence of bad faith on the part of the recipient of the
       aid ?                                                            whether waste which is merely ground without its
                                                                        characteristics being altered in any way may become a
                                                                         residue falling outside the EEC legislation on waste where