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26.3.2011 |
EN |
Official Journal of the European Union |
C 95/3 |
Reference for a preliminary ruling from the Verwaltungsgericht Mainz (Germany) lodged on 3 January 2011 — Interseroh Scrap and Metal Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM)
(Case C-1/11)
2011/C 95/04
Language of the case: German
Referring court
Verwaltungsgericht Mainz
Parties to the main proceedings
Applicant: Interseroh Scrap and Metal Trading GmbH
Defendant: Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH (SAM)
Questions referred
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1. |
Does 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 (1) also apply to those involved in the shipment process? |
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2. |
If not, is Article 18(1) of that regulation restricted by EU primary law on the protection of business secrets? |
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3. |
If question 1 is answered in the affirmative, is the obligation under Article 18(1) of that regulation on the persons who arrange the shipments to disclose the name of the waste producer or waste collector to the consignee of the waste by means of the document set out in Annex VII limited by Article 18(4) in order to protect business secrets? |
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4. |
If question 3 is answered in the affirmative, does the extent of the limitation depend on a weighing up of the interests (on the one hand, the business interests affected, on the other, protection of the environment) on a case-by-case basis? |