Vous êtes sur la page 1sur 1

C 302/2 EN Official Journal of the European Communities 21.10.

2000

No 1/80, of 19 September 1980, on the development of the before that court against Giancarlo Fornasar, Andrea Strizzolo,
Association, adopted by the Association Council established by Giancarlo Toso, Lucio Mucchino, Enzo Peressutti and Sante
the Association Agreement between the European Economic Chiarcosso, — on the interpretation of Article 1(4) of Council
Community and Turkey — the Court (Sixth Chamber), compo- Directive 91/689/EEC of 12 December 1994, on hazardous
sed of: R. Schintgen (Rapporteur), President of the Second waste (CJ 1991 L 377 p. 20) and Council Decision 94/904/EC
Chamber, acting as President of the Sixth Chamber, P.J.G. Kap- of 22 December 1994 establishing a list of hazardous waste
teyn, G. Hirsch, H. Ragnemalm and V. Skouris, Judges; A. La pursuant to Article 1(4) of Directive 91/689 (OJ 1994 L 356,
Pergola, Advocate General; H.A. Rühl, Principal Administrator, p. 14) — the Court (Sixth Chamber), composed of: R. Schint-
for the Registrar, has given a judgment on 22 June 2000, in gen, President of the Second Chamber, acting for the President
which it has ruled: of the Sixth Chamber, P.J.G. Kapteyn and H. Ragnemalm
(Rapporteur), Judges, Advocate General: G. Cosmos; Registrar:
The first paragraph of Article 7 of Decision No 1180, of 19 Sep- L. Hewlett, Administrator, has given a judgment on 22 June
tember 1980, on the development of the Association, adopted by the 2000, in which it has ruled:
Association Council established by the Association Agreement
between the European Economic Community and Turkey must be 1. Council Directive 91/689/EEC of 12 December 1991 on
interpreted as covering the situation of a Turkish national who, like hazardous waste does not prevent the Member States, including,
the applicant in the main proceedings, was authorised in her capacity for matters within their jurisdiction, the courts, from classifying
as the spouse of a Turkish worker duly registered as belonging to the as hazardous waste other than that featuring on the list of
labour force of the host Member State to join that worker there, in hazardous waste laid down by Council Decision 94/904/EC of
circumstances where that spouse, having divorced before the expiry of 22 December 1994 establishing a list of hazardous waste
the three-year qualification period laid down in the first indent of pursuant to Article 1(4) of Council Directive 91/689, and
that provision, still continued in fact to live uninterruptedly with her thus from adopting more stringent protective measures in order
former spouse until the date on which the two former spouses to prohibit the abandonment, dumping or uncontrolled disposal
remarried. Such a Turkish national must therefore be regarded as of such waste. If they do so, it is for the authorities of the
legally resident in that Member State within the meaning of that Member State concerned which have competence under national
provision, so that she may rely directly on her right, after three years, law to notify the Commission of such cases in accordance with
to respond to any offer of employment, and, after five years, to enjoy the second indent of Article 1(4) of Directive 91/689.
free access to any paid employment of her choice.
2. Article 1(4) of Directive 91/689 and Decision 94/904 must
be interpreted as meaning that it is not a necessary precondition
(1) OJ C 137 of 2.5.1998. for waste to be classified, in a specific case, as hazardous, that
its origin be determined.

(1) OJ C 327 of 24.10.1998.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 22 June 2000 JUDGMENT OF THE COURT

in Case C-318/98 (reference for a preliminary ruling from (Fifth Chamber)


the Pretura Circondariale di Udine, Sezione Distaccata di
Cividale del Friuli, Italy): Criminal proceedings v Giancar- of 22 June 2000
lo Fornasar and Others (1)
in Case C-332/98: French Republic v Commission of the
(Waste — Definition of hazardous waste — Directive European Communities (1)
91/689/EEC — Decision 94/904/EC — More stringent
measures of protection)
(Aid for the Coopérative d’Exportation du Livre Français
(CELF))
(2000/C 302/03)
(2000/C 302/04)
(Language of the case: Italian)
(Language of the case: French)
(Provisional translation; the definitive translation will be published
in the European Court Reports)
(Provisional translation; the definitive translation will be published
In Case C-318/98: reference to the Court under Article 177 in the European Court Reports)
of the EC Treaty (now Article 234 EC) from the Pretura
Circondariale di Udine, Sezione Distaccata di Cividale del In Case C-332/98: French Republic (Agents: K. Rispal-Bellanger
Friuli, Italy, for a preliminary ruling in the criminal proceedings and F. Million) v Commission of the European Communities