CELEX: C2004/300/10
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (First Chamber) of 14 October 2004 in Case C-113/02: Commission of the European Communities v Kingdom of the Netherlands (Regulation (EEC) No 259/93 on the supervision and control of shipments of waste — Directive 75/442 on waste — National measure providing for objections to shipments of waste for recovery where 20 % of the waste is recoverable in the Member State and the percentage of waste recoverable in the country of destination is lower — Measure of a Member State classifying an operation under point R1 (recovery by incineration) of Annex IIB to Directive 75/442 or under point D10 (disposal by incineration) of Annex IIA to that directive not according to the criterion of actual use but according to the calorific value of the incinerated waste)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/6
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 14 October 2004
   in Case C-113/02: Commission of the European Communities v Kingdom of the Netherlands (1)
   
   (Regulation (EEC) No 259/93 on the supervision and control of shipments of waste - Directive 75/442 on waste - National measure providing for objections to shipments of waste for recovery where 20 % of the waste is recoverable in the Member State and the percentage of waste recoverable in the country of destination is lower - Measure of a Member State classifying an operation under point R1 (recovery by incineration) of Annex IIB to Directive 75/442 or under point D10 (disposal by incineration) of Annex IIA to that directive not according to the criterion of actual use but according to the calorific value of the incinerated waste)
   (2004/C 300/10)
   Language of the case: Dutch
   In Case C-113/02 — action under Article 226 EC for failure to fulfil obligations, brought on 27 March 2002, Commission of the European Communities (Agents: H. van Lier, M. van der Woude and R. Wezenbeek-Geuke) against Kingdom of the Netherlands (Agent: H.G. Sevenster) — the Court (First Chamber), composed of: P. Jann, (Rapporteur) President of the Chamber, A. Rosas, R. Silva de Lapuerta, K. Lenaerts and S. von Bahr; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgement on 14 October 2004, in which it:
   
               1.
            
            
               Declares that the Kingdom of the Netherlands has failed to fulfil its obligations under Article 7(4) of 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 and under Article 1(e) and (f) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 and Commission Decision 96/350/EC of 24 May 1996;
            
         
               2.
            
            
               Orders the Kingdom of the Netherlands to pay the costs.
            
         
      (1)  OJ C 144 of 15.6.2002.