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Case law of the European Court of Justice with relevance to packaging and packaging waste

· Cases T-202/13 - T-224/13 , T-231/13 - T-232/13 -T-233/13 -T-234/13 -T-235/13 -T-236/13 -T-237/13 -T-238/13T-243/13 - T-244/13

Order of the General Court (First Chamber) of 7 July 2014.

Action for annulment of Directive 2013/2/EU amending Annex I of Directive 94/62 / EC - rolls, tubes and cylinders on which is wound a flexible material - Action for annulment is inadmissible because Directive 2013/2/EU is not of direct and individual concern to the applicants.

· Case C-317/07 - Judgment of the Court (Second Chamber) of 4 December 2008.

Lahti Energia Oy.

Reference for a preliminary ruling: Korkein hallinto-oikeus - Finland.

Directive 2000/76/EC - Incineration of waste - Purification and combustion - Crude gas produced from waste - Definition of waste - Incineration plant - Co-incineration plant.

· Case C-195/05 - Judgment of the Court (Third Chamber) of 18 December 2007.

Commission of the European Communities v Italian Republic.

Failure of a Member State to fulfil obligations - Environment - Directives 75/442/EEC and 91/156/EEC - Concept of waste - Food scraps from the agro-food industry intended for the production of animal feed - Leftovers from the preparation of food in kitchens, intended for shelters for pet animals.

· Case C-194/05 - Judgment of the Court (Third Chamber) of 18 December 2007.

Commission of the European Communities v Italian Republic.

Failure of a Member State to fulfil obligations - Environment -Directives 75/442/EEC and 91/156/EEC - Concept of ‘waste’ - Excavated earth and rocks intended for re-use.

· Case C-26/05 - Order of the Court (Third Chamber) of 16 February 2006.

Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH.

Reference for a preliminary ruling: Landesgericht Korneuburg - Austria.

Second paragraph of Article 104(3) of the Rules of Procedure - Packaging and packaging waste - Concepts of producer of packaging and producer of packaging materials - producer of plastic carrier bags.

· Case C-270/03 - Judgment of the Court (Third Chamber) of 9 June 2005.

Commission of the European Communities v Italian Republic.

Failure of a Member State to fulfil obligations - Environment - Management of waste - Directive 75/442/EEC as amended by Directive 91/156/EEC - Transport and collection of waste - Article 12.

· Case T-142/03 - Order of the Court of First Instance (Third Chamber) of 16 February 2005.

Fost Plus VZW v Commission of the European Communities.

Action for annulment of Decision 1999/652/EC and Decision 2003/82/EC - Targets for recovery and recycling of packaging materials and packaging waste - Action for annulment is inadmissible because the Decisions are not of direct and individual concern to the applicant.

· Case C-309/02 - Radlberger Getränkegesellschaft mbH & Co. and S. Spitz KG v Land Baden-Württemberg.

Reference for a preliminary ruling: Verwaltungsgericht Stuttgart - Germany.

Environment - Free movement of goods - Packaging and packaging waste - Deposit and return obligations for non-reusable packaging that depend on the overall percentage of reusable packaging.

· Case C-463/01 - Judgment of the Court (Grand Chamber) of 14 December 2004.

Commission of the European Communities v Federal Republic of Germany.

Environment - Free movement of goods - Packaging and packaging waste - Exploitation and marketing of natural mineral waters - Directive 80/777/EEC - Deposit and return obligations for non-reusable packaging that depend on the overall percentage of reusable packaging.

· Case C-341/01 - Judgment of the Court (Fifth Chamber) of 29 April 2004.

Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH.

Reference for a preliminary ruling: Landesgericht Korneuburg - Austria.

Packaging and waste packaging - plastic carrier bags handed to customers in shops, whether free of charge or not, constitute packaging - ‘producer’ refers to the producer of the goods, not the manufacturer of the packaging products - Obligation to use an authorised undertaking or to organise a collection system - Admissibility.

· Case C-30/01 - Judgment of the Court of 23 September 2003.

Commission of the European Communities v United Kingdom.

Failure of a Member State to fulfil its obligations - Failure to implement, in respect of Gibraltar, a number of Directives, including Directive 94/62/EC.

· Case C-444/00 - Judgment of the Court (Fifth Chamber) of 19 June 2003.

The Queen, on the application of Mayer Parry Recycling Ltd, v Environment Agency and Secretary of State for the Environment, Transport and the Regions, and Corus (UK) Ltd and Allied Steel and Wire Ltd (ASW).

Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom.

Directive 75/442/EEC, as amended by Directive 91/156/EEC and Decision 96/350/EC - Directive 94/62/EC - Concept of waste - Concept of recycling - Processing of metal packaging waste.

· Case C-159/00 - Judgment of the Court (Fifth Chamber) of 6 June 2002.

Sapod Audic v Eco-Emballages SA.

Reference for a preliminary ruling: Cour de cassation - France.

Directive 83/189/EEC - Procedure for the provision of information in the field of technical standards and regulations - Obligation to communicate draft technical regulations - Directives 75/442/EEC and 91/156/EEC - Waste - Obligation to make notification of planned measures - National regulations on disposal of packaging waste - Obligation on producers or importers to identify packaging to be disposed of by an approved undertaking - Obligation on the approved undertaking to ensure that packaging for which it is responsible meets technical requirements.

· Case C-116/00 - Order of the Court of 28 June 2000.

Criminal proceedings against Claude Laguillaumie.

Reference for a preliminary ruling: Cour d'appel de Paris - France.

Inadmissibility because order for reference does not contain sufficient information.

· Case C-35/00 - Judgment of the Court (Second Chamber) of 24 January 2002.

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.

Failure by a Member State to fulfil its obligations - By not drawing up waste management plans covering the whole of its territory and complying with all the provisions of a number of waste Directives, including Directive 94/62/EC and/or by not informing the Commission thereof, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 14 of Directive 94/62, leaving aside Gibraltar.

· Case C-466/99 - Judgment of the Court (Second Chamber) of 24 January 2002.

Commission of the European Communities v Italian Republic.

Failure by a Member State to fulfil its obligations - By not forwarding to the Commission information concerning plans for the management of packaging and packaging waste in respect of all the Italian regions, the Italian Republic has failed to fulfil its obligations under Article 14 of Directive 94/62/EC.

· Case C-292/99 - Judgment of the Court (Sixth Chamber) of 2 May 2002.

Commission of the European Communities v French Republic.

Failure by a Member State to fulfil its obligations - by failing to include a specific chapter relating to packaging waste in all of the waste management plans which it has adopted, the French Republic has failed to fulfil its obligations under Article 14 of Directive 94/62/EC

· Case C-123/99 - Judgment of the Court (Third Chamber) of 13 April 2000.

Commission of the European Communities v Hellenic Republic.

Failure by a Member State to fulfil its obligations - Non-transposition of Directive 94/62/EC.