ASA Abfall Service (Environment and consumers)

(Environment - Waste - Regulation (EEC) No 259/93 on shipments of waste - Competence of the authority of dispatch to scrutinise the classification of the purpose of a shipment (recovery or disposal) and to object to a shipment on the ground of an incorrect classification - Directive 75/442/EEC on waste - Classification of deposit of waste in a disused mine)

REFERENCE to the Court under Article 234 EC by the Verwaltungsgerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Abfall Service AG (ASA)

on the interpretation of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ 1993 L 30, p. 1), as amended by Commission Decision No 98/368/EC of 18 May 1998 (OJ 1998 L 165, p. 20), and Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) and by Commission Decision 96/350/EC of 24 May 1996 (OJ 1996 L 135, p. 32), THE COURT (Fifth Chamber),

composed of: P. Jann, President of the Chamber, S. von Bahr and A. La Pergola (Rapporteur), Judges, Advocate General: F.G. Jacobs, Registrar: D. Louterman-Hubeau, Head of Division,

after considering the written observations submitted on behalf of: - Abfall Service AG (ASA), by C. Onz, Rechtsanwalt, - the Austrian Government, by C. Pesendorfer, acting as Agent, - the German Government, by W.-D. Plessing and B. Muttelsee-Sch�n, acting as Agents, - the Netherlands Government, by M.A. Fierstra, acting as Agent, - the Commission of the European Communities, by G. zur Hausen, acting as Agent, having regard to the Report for the Hearing,