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C 101/4 EN Official Journal of the European Union 26.4.

2003

court between Adolf Truley GmbH and Bestattung Wien JUDGMENT OF THE COURT
GmbH, on the interpretation of Article 1(b) of Council
Directive 93/36/EEC of 14 June 1993 coordinating procedures
for the award of public supply contracts (OJ 1993 L 199, (Fifth Chamber)
p. 1), the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans (Rapporteur),
P. Jann, S. von Bahr and A. Rosas, Judges; S. Alber, Advocate of 27 February 2003
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 27 February 2003, in which it has
in Case C-389/00: Commission of the European Communi-
ruled:
ties v Federal Republic of Germany (1)

(Failure to fulfil obligations — Articles 23 and 25 EC —


Charge having an equivalent effect- Export of waste — Basle
1. The term ‘needs in the general interest’ in the second subpara- Convention — Regulation No 259/93 — Contribution to a
graph of Article 1(b) of Council Directive 93/36/EEC of solidarity fund)
14 June 1993 coordinating procedures for the award of public
supply contracts is an autonomous concept of Community law.
(2003/C 101/07)

2. The activities of funeral undertakers may meet a need in the (Language of the case: German)
general interest. The fact that a regional or local authority is
legally obliged to arrange funerals — and, where necessary, to
bear the costs of those funerals — where they have not been (Provisional translation; the definitive translation will be published
arranged within a certain period after a death certificate has in the European Court Reports)
been issued constitutes evidence that there is such a need in the
general interest.

In Case C-389/00, Commission of the European Communities


(Agent: J.C. Schieferer) v Federal Republic of Germany (Agent:
3. The existence of significant competition does not, of itself, allow B. Muttelsee-Schön, assisted by H.-J. Koch): Application for a
the conclusion to be drawn that there is no need in the general declaration that, by enacting the Gesetz über die Überwachung
interest, not having an industrial or commercial character. The und Kontrolle der grenzüberschreitenden Verbringung von
national court must assess whether or not there is such a Abfällen (Abfallverbringungsgesetz) (Act on the supervision
need, taking account of all the relevant legal and factual and control of transboundary shipments of waste; ‘the waste
circumstances, such as those prevailing at the time of establish- shipment act’) of 30 September 1994, BGBl. 1994 I, p. 2771),
ment of the body concerned and the conditions under which it establishing a solidarity fund for the return of waste and
exercises its activity. requiring exporters of waste, including those exporting to
other Member States, to contribute to that fund, the Federal
Republic of Germany has failed to fulfil its obligations under
Articles 23 EC and 25 EC, the Court (Fifth Chamber),
4. A mere review does not satisfy the criterion of management composed of: D.A.O. Edward, acting for the President of the
supervision in the third indent of the second subparagraph of Chamber, A. La Pergola, P. Jann, S. von Bahr and A. Rosas
Article 1(b) of Directive 93/36. That criterion is, however, (Rapporteur), Judges; A. Tizzano, Advocate General; H.A. Rühl,
satisfied where the public authorities supervise not only the Principal Administrator, for the Registrar, has given a judgment
annual accounts of the body concerned but also its conduct from on 27 February 2003, in which it:
the point of view of proper accounting, regularity, economy,
efficiency and expediency and where those public authorities are
authorised to inspect the business premises and facilities of that 1. Declares that, by subjecting shipments of waste to other
body and to report the results of those inspections to a regional Member States to a mandatory contribution to the solidarity
authority which holds, through another company, all the shares fund for the return of waste established by the Gesetz über
in the body in question. die Überwachung und Kontrolle der grenzüberschreitenden
Verbringung von Abfällen (Abfallverbringungsgesetz) of
30 September 1994, the Federal Republic of Germany has
failed to fulfil its obligations under Articles 23 EC and 25 EC;

( 1) OJ C 372 of 23.12.2000. 2. Orders the Federal Republic of Germany to pay the costs.

(1 ) OJ C 4 of 6.1.2001.