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Document C2005/143/45

Case C-176/05: Reference for a preliminary ruling from the Landesgericht für ZRS Wien by order of that court of 8 April 2005 in KVZ retec GmbH v Republic of Austria (Federal Minister for Agriculture, Forestry, the Environment and Water Management)

OJ C 143, 11.6.2005, p. 28–29 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

11.6.2005   

EN

Official Journal of the European Union

C 143/28

Reference for a preliminary ruling from the Landesgericht für ZRS Wien by order of that court of 8 April 2005 in KVZ retec GmbH v Republic of Austria (Federal Minister for Agriculture, Forestry, the Environment and Water Management)

(Case C-176/05)

(2005/C 143/45)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Landesgericht für ZRS Wien (Vienna Regional Civil Court) (Austria) of 8 April 2005, received at the Court Registry on 20 April 2005, for a preliminary ruling in the proceedings between KVZ retec GmbH and Republic of Austria (Federal Minister for Agriculture, Forestry, the Environment and Water Management) on the following questions:

1.

Is the shipment (transit or return) of meat-and-bone meal, whether or not free of special risk material, subject, in so far as it involves waste, to the notification obligation in Council Regulation (EEC) No 259/93 (‘the Waste Shipment Regulation’)?

If so,

2.

Is the shipment of meat-and-bone meal, whether or not free of special risk material, excluded from the application of the Waste Shipment Regulation in accordance with Article 1(2)(d) of that regulation?

If the answer to Question 2 is in the negative,

3.

Is the shipment (transit or return) of meat-and-bone meal

(a)

which is free of special risk material; or

(b)

which contains special risk material (classified as ‘Category 1’ material under the EC By-products Regulation (Regulation (EC) No 1774/2002)

illegal under Article 26(1)(a) and (b) of the Waste Shipment Regulation, in the absence of notification to and the consent of the authorities concerned, waste on the ground that it involves within the meaning of the Waste Shipment Regulation?
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