You are here:

CJEU - C 1/11 / Judgment

Interseroh Scrap and Metals Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM)

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Fourth Chamber)
Type:
Decision
Decision date:
29/03/2012
Key facts of the case:
  1. This reference for a preliminary ruling concerns the interpretation of Article 18 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1), as amended by Commission Regulation (EC) No 308/2009 of 15 April 2009 (OJ 2001 L 97, p. 8) (‘Regulation No 1013/2006’). 
  2. The reference has been made in proceedings between Interseroh Scrap and Metals Trading GmbH (‘Interseroh’), a dealer specialising in steel and metal scrap, and Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM) (‘SAM’), to which Land Rheinland-Pfalz has entrusted inter alia the supervision of specific waste streams in Land Rheinland-Pfalz, concerning the details to be given in the document contained in Annex VII to Regulation No 1013/2006 (‘the shipment document’).
Results (sanctions) and key consequences of the case:
  1. Article 18(4) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, as amended by Commission Regulation (EC) No 308/2009 of 15 April 2009, must be interpreted as not permitting an intermediary dealer arranging a shipment of waste not to disclose the name of the waste producer to the consignee of the shipment, as provided for in Article 18(1) of Regulation No 1013/2006 in conjunction with Annex VII to that regulation, even though such non-disclosure might be necessary in order to protect the business secrets of that intermediary dealer.
  2. Article 18(1) of Regulation No 1013/2006, as amended by Regulation No 308/2009, must be interpreted as requiring an intermediary dealer, in the context of a shipment of waste covered by that provision, to complete Field 6 of the document contained in Annex VII to Regulation No 1013/2006, as amended by Regulation No 308/2009, and transmit it to the consignee, without any possibility of the scope of that requirement being restricted by a right to protection of business secrets.