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62000J0389 European Court reports 2003 Page 00000 1
Judgment of the Court (Fifth Chamber)
of 27 February 2003
Commission of the European Communities v Federal Republic of Germany.
Failure to fulfil obligations - Articles 23 and 25 EC - Charge having an equivalent effect- Export of
waste - Basle Convention - Regulation No 259/93 - Contribution to a solidarity fund.
Case C-389/00.
In Case C-389/00,
Commission of the European Communities, represented by J.C. Schieferer, acting as Agent, with an
address for service in Luxembourg,
applicant,
v
Federal Republic of Germany, represented by B. Muttelsee-Schön, acting as Agent, assisted by H.-J. Koch,
Professor,
defendant,
"APPLICATION for a declaration that, by enacting the Gesetz über die Überwachung und Kontrolle der
grenzüberschreitenden Verbringung von Abfällen (Abfallverbringungsgesetz) (Act on the supervision and
control of transboundary shipments of waste; `the waste shipment act') of 30 September 1994, BGBl.
1994 I, p. 2771), establishing a solidarity fund for the return of waste and 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),
composed of: D.A.O. Edward, acting for the President of the Chamber, A. La Pergola, P. Jann, S. von
Bahr and A. Rosas (Rapporteur), Judges,
Advocate General: A. Tizzano,
Registrar: H.A. Rühl, Principal Administrator,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 27 June 2002, at which the Commission was
represented by J.C. Schieferer and the Federal Republic of Germany by W.-D. Plessing, acting as Agent,
assisted by H.-J. Koch,
after hearing the Opinion of the Advocate General at the sitting on 14 November 2002,
gives the following
Judgment
Costs
52 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs,
if they have been applied for in the successful party's pleadings. Since the Commission has so applied and
the Federal Republic of Germany has failed in its submissions, the latter must be ordered to pay the costs.
On those grounds,
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