CELEX: C2002/144/03
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Sixth Chamber) 2 May 2002 in Case C-292/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Environment — Waste — Directives 75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC — Waste management plans)

15.6.2002                EN                       Official Journal of the European Communities                                            C 144/3
                 JUDGMENT OF THE COURT                                             hazardous waste and under Article 14 of European Parliament
                                                                                   and Council Directive 94/62/EC of 20 December 1994 on
                                                                                   packaging and packaging waste;
                           (Sixth Chamber)
                                                                             2.    Orders the French Republic to pay the costs.
                              2 May 2002
                                                                             (1) OJ C 281 of 2.10.1999.
in Case C-292/99: Commission of the European Communi-
                      ties v French Republic (1)
(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC, 91/156/
EEC, 91/689/EEC and 94/62/EC — Waste management
                                 plans)
                           (2002/C 144/03)                                                    JUDGMENT OF THE COURT
                     (Language of the case: French)                                                     23 April 2002
(Provisional translation; the definitive translation will be published       in Case C-443/99 (Reference for a preliminary ruling from
                    in the European Court Reports)                           the Oberlandesgericht Wien): Merck, Sharp & Dohme
                                                                                 GmbH v Paranova Pharmazeutika Handels GmbH (1)
                                                                             (Trade marks — Directive 89/104/EEC — Article 7(2) —
In Case C-292/99, Commission of the European Communities                     Exhaustion of the rights conferred by the trade mark
(Agents: H. van Lier and L. Ström) v French Republic (Agents:                — Pharmaceutical products — Parallel importation —
K. Rispal-Bellanger and D. Colas): Application for a declaration                       Repackaging of the trade-marked product)
that, by failing to draw up management plans either for the
whole of its territory or for all waste, and by failing to include
a chapter relating to packaging waste in all of the waste plans
                                                                                                       (2002/C 144/04)
which it has adopted, the French Republic has failed to fulfil
its obligations under Article 7(1) of Council Directive 75/442/
EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as
amended by Council Directive 91/156/EEC of 18 March 1991                                        (Language of the case: German)
(OJ 1991 L 78, p. 32), under Article 6(1) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20) and under Article 14 of European                          (Provisional translation; the definitive translation will be published
Parliament and Council Directive 94/62/EC of 20 December                                        in the European Court Reports)
1994 on packaging and packaging waste (OJ 1994 L 365,
p. 10), the Court (Sixth Chamber), composed of: F. Macken,
President of the Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris (Rapporteur) and J. N. Cunha Rodrigues, Judges;
A. Tizzano, Advocate General,: H. A. Rühl, Principal Adminis-                In Case C-443/99: Reference to the Court under Article 234
trator; Registrar, has given a judgment on 2 May 2002, in                    EC by the Oberlandesgericht Wien (Austria) for a preliminary
which it:                                                                    ruling in the proceedings pending before that court between
                                                                             Merck, Sharp & Dohme GmbH and Paranova Pharmazeutika
                                                                             Handels GmbH, on the interpretation of Article 7(2) of First
1.    Declares that, by failing to draw up waste management plans            Council Directive 89/104/EEC of 21 December 1988 to
      for the whole of its territory, by failing to draw up, for certain     approximate the laws of the Member States relating to trade
      regions or certain departments, such plans for waste containing        marks (OJ 1989 L 40, p. 1), as amended by the Agreement on
      polychlorinated biphenyls, medical waste and special domestic          the European Economic Area of 2 May 1992 (OJ 1994 L 1,
      waste, and by failing to include a specific chapter relating to        p. 3), the Court, composed of: G.C. Rodrı́guez Iglesias,
      packaging waste in all of the waste management plans which it          President, P. Jann (President of Chamber), C. Gulmann (Rappor-
      has adopted, the French Republic has failed to fulfil its              teur), D. A. O. Edward, M. Wathelet, R. Schintgen, V. Skouris,
      obligations under Article 7(1) of Council Directive 75/442/            J. N. Cunha Rodrigues and C. W. A. Timmermans, Judges;
      EEC on 15 July 1975 on waste, as amended by Council                    F. G. Jacobs, Advocate General; D. Louterman-Hubeau, Head
      Directive 91/156/EEC of 18 March 1991, under Article 6(1)              of Division, for the Registrar, has given judgment on 23 April
      of Council Directive 91/689/EEC of 12 December 1991 on                 2002, in which it has ruled: