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

The case was brought to a German court by a steel and metal scrap dealer claiming that an obligation to reveal the names of its waste suppliers to the consignee of the waste infringed its right to the protection of business secrets, impeded its economic activity and in effect caused a loss of clients. On 29 March 2012, the Court of Justice of the EU issued a preliminary ruling in case C-1/11 regarding requirements for shipment of waste set forth in Regulation (EC) No 1013/2006 of 14 June 2006 as amended by Commission Regulation (EC) No 308/2009 of 15 April 2009. The ECJ was asked to interpret article 18 of the Regulation to answer whether such obligation is not qualified by confidentiality requirements under EU and national law, as well as EU primary law in order to protect business secrets. While the Court recognized the protection of trade secrets under Germany’s basic law and general principles of EU law, it emphasized the non-derogatory character of Regulation No 1013/2006. As a consequence of the tracking procedure provided for in article 18, even when non-disclosure might be necessary to protect the business interest of the intermediary dealer, shipment documents including the waste producer’s name must be available to both the authorities of the countries of dispatch and destination, and all the natural or legal persons involved in the shipment of waste.