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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,
16.2.2002 EN Official Journal of the European Communities C 44/3

and then R. Loosli-Surrans and G. de Bergues) — application in particular, by refusing to permit the marketing in its territory
for a declaration that, by refusing to adopt the measures after 30 December 1999 of products subject to that scheme
necessary in order to comply with: which are correctly marked or labelled, the French Republic has
failed to fulfil its obligations under those two decisions, in
particular their provisions referred to above;

— Council Decision 98/256/EC of 16 March 1998 concern- 2. Dismisses the remainder of the application;
ing emergency measures to protect against bovine spongi-
form encephalopathy, amending Decision 94/474/EC 3. Orders the French Republic to bear two thirds of the costs and
and repealing Decision 96/239/EC (OJ 1998 L 113, the Commission of the European Communities to bear the other
p. 32), in the version resulting from Commission Decision third;
98/692/EC of 25 November 1998 (OJ 1998 L 328,
p. 28), in particular with Article 6 and Annex III, and 4. Orders the United Kingdom of Great Britain and Northern
Ireland to bear its own costs.

(1) OJ C 63 of 4.3.2000.
— Commission Decision 1999/514/EC of 23 July 1999
setting the date on which dispatch from the United
Kingdom of bovine products under the date-based export
scheme may commence by virtue of Article 6(5) of
Decision 98/256 (OJ 1999 L 195, p. 42), in particular
with Article 1,
JUDGMENT OF THE COURT

in particular, by refusing to permit the marketing in its (Sixth Chamber)
territory of products eligible under that scheme, which are
covered by Article 6 of, and Annex III to, Decision 98/256 as of 13 December 2001
amended by Decision 98/692, after 1 August 1999, the French
Republic has failed to fulfil its obligations under those two
decisions, in particular their provisions referred to above, and in Case C-79/00 (Reference for a preliminary ruling
the EC Treaty, in particular Articles 28 EC and 10 EC — the from the Tribunal Supremo): Telefónica de España SA v
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann, Administración General del Estado (1)
F. Macken, N. Colneric, S. von Bahr (Presidents of Chambers),
C. Gulmann, D.A.O. Edward, A. La Pergola, J.-P. Puissochet, (Directive 97/33/EC — Telecommunications — Intercon-
L. Sevón (Rapporteur), M. Wathelet, R. Schintgen and V. Skou- nection of networks — Obligations imposed on network
ris, Judges; J. Mischo, Advocate General; L. Hewlett, Adminis- providers)
trator, for the Registrar, has given a judgment on 13 December
2001, in which it: (2002/C 44/05)

(Language of the case: Spanish)

1. Declares that, by refusing to adopt the measures necessary in (Provisional translation; the definitive translation will be published
order to comply with: in the European Court Reports)

In Case C-79/00: reference to the Court under Article 234 EC
— Council Decision 98/256/EC of 16 March 1998 con- by the Tribunal Supremo (Spain) for a preliminary ruling in
cerning emergency measures to protect against bovine the proceedings pending before that court between Telefónica
spongiform encephalopathy, amending Decision de España SA and Administración General del Estado, third
94/474/EC and repealing Decision 96/239/EC, in the party: Retevisión SA, on the interpretation of Articles 4(2) and
version resulting from Commission Decision 98/692/EC 9(2) of Directive 97/33/EC of the European Parliament and
of 25 November 1998, in particular with Article 6 and of the Council of 30 June 1997 on interconnection in
Annex III, and Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP) (OJ 1997 L 199, p. 32), the
Court (Sixth Chamber), composed of: F. Macken (Rapporteur),
— Commission Decision 1999/514/EC of 23 July 1999 President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-
setting the date on which dispatch from the United ris and J.N. Cunha Rodrigues, Judges, Advocate General:
Kingdom of bovine products under the date-based export F.G. Jacobs, Registrar: H.A. Rühl, Principal Administrator, has
scheme may commence by virtue of Article 6(5) of given a judgement on 13 December 2001, in which it has
Decision 98/256, in particular with Article 1, ruled: