«(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)»

1.. Environment – Waste – Packaging and packaging waste – Directives 75/442 and 94/62 – Link (European Parliament and Council Directive 94/62; Council Directive 75/442, as amended by Directive 91/156)

2.. Environment – Packaging and packaging waste – Directive 94/62 – Recycling – Meaning – Reprocessing of metal packaging waste by transformation into a secondary raw material – Not covered – Reprocessing rendering such waste useable for the production of ingots, sheets or coils of steel – Covered – Concepts of recycling and waste under Directive 75/442 – No effect (Art. 174(1) and (2) EC; European Parliament and Council Directive 94/62, Art. 3(7); Council Directive 75/442, as amended by Directive 91/156)

JUDGMENT OF THE COURT (Fifth Chamber) 19 June 2003 (1)

((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))

In Case C-444/00,

REFERENCE to the Court under Article 234 EC by the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation 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 (OJ 1991 L 78, p. 32) and Commission Decision 96/350/EC of 24 May 1996 (OJ 1996 L 135, p. 32), and of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10),

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,

Advocate General: S. Alber,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mayer Parry Recycling Ltd, represented by M. Fordham; the Environment Agency, represented by J. Howell; Corus (UK) Ltd, represented by R. Singh; the United Kingdom Government, represented by G. Amodeo and P. Sales; the Netherlands Government, represented by J. van der Oosterkamp, acting as Agent; and the Commission, represented by R.B. Wainwright, at the hearing on 18 April 2002,

after hearing the Opinion of the Advocate General at the sitting on 4 July 2002,

gives the following

Community legislation

...

...

...

...

in order to meet the objectives laid down in this Directive.

National legislation

Preliminary remarks

Consideration of the questions referred for a preliminary ruling

Question 2

Question 1

On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court), by order of 9 November 2000, hereby rules:

Wathelet

Timmermans

Jann

von Bahr

Rosas

Delivered in open court in Luxembourg on 19 June 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber