C-458/00 Commission of the European Communities v Grand Duchy of Luxemburg

«(Failure of a Member State to fulfil obligations – Article 7(2) and (4) of Regulation (EEC) No 259/93 – Classification of the purpose of a shipment of waste (recovery or disposal) – Incinerated waste – Point R1 of Annex II B to Directive 75/442/EEC – Concept of use principally as a fuel or other means to generate energy)» JUDGMENT OF THE COURT (Fifth Chamber) 13 February 2003 (1) ((Failure by a Member State to fulfil its obligations – Article 7(2) and (4) of Regulation (EEC) No 259/93 – Classification of the purpose of a shipment of waste (recovery or disposal) – Incinerated waste – Point R1 of Annex II B to Directive 75/442/EEC – Concept of use principally as a fuel or other means to generate energy)) applicant, v defendant, intervener, THE COURT (Fifth Chamber),, having regard to the Report for the Hearing, after hearing the Opinion of the Advocate General at the sitting on 26 September 2002, gives the following On those grounds, THE COURT (Fifth Chamber) Wathelet Timmermans Edward Jann von Bahr R. Grass M. Wathelet Registrar President of the Fifth Chamber