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Document 62017CA0689

    Case C-689/17: Judgment of the Court (Fifth Chamber) of 16 May 2019 (request for a preliminary ruling from the Landgericht München I — Germany) — Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’ v Land Niedersachsen (Reference for a preliminary ruling — Environment — Shipment of waste — Regulation (EC) No 1013/2006 — Waste subject to the prior written notification and consent procedure — Shipments within the European Union — Article 1(3)(b) — Exclusion from the regulation’s scope — Waste generated on board ships — Waste on board a ship following damage at sea)

    OJ C 255, 29.7.2019, p. 6–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    29.7.2019   

    EN

    Official Journal of the European Union

    C 255/6


    Judgment of the Court (Fifth Chamber) of 16 May 2019 (request for a preliminary ruling from the Landgericht München I — Germany) — Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’ v Land Niedersachsen

    (Case C-689/17) (1)

    (Reference for a preliminary ruling - Environment - Shipment of waste - Regulation (EC) No 1013/2006 - Waste subject to the prior written notification and consent procedure - Shipments within the European Union - Article 1(3)(b) - Exclusion from the regulation’s scope - Waste generated on board ships - Waste on board a ship following damage at sea)

    (2019/C 255/08)

    Language of the case: German

    Referring court

    Landgericht München I

    Parties to the main proceedings

    Applicant: Conti 11. Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’

    Defendant: Land Niedersachsen

    Operative part of the judgment

    Article 1(3)(b) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste must be interpreted as meaning that residues, in the form of scrap metal and of fire-extinguishing water mixed with sludge and cargo residues, such as those at issue in the main proceedings, attributable to damage occurring on board a ship at sea, must be regarded as waste generated on board ships, within the meaning of that provision, which is, therefore, excluded from that regulation’s scope until it is offloaded in order to be recovered or disposed of.


    (1)  OJ C 94, 12.3.2018.


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