2001/663/EC: Commission Decision of 15 June 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/34.950 — Eco-Emballages) (Text with EEA relevance) (notified under document number C(2001) 1611)

• Articles: 2

Article 1

On the basis of the facts in its possession, and in particular in view of the undertakings listed in recital 61 of this Decision, the Commission has no grounds for action under Article 81(1) of the EC Treaty or Article 53(1) of the EEA Agreement in respect of the notified agreements concerning a system of selective collection and recovery of household packaging waste established by Eco-Emballages SA, as they currently stand.

Article 2

This Decision is addressed to: Eco-Emballages SA 44 avenue Georges Pompidou F - 92302 Levallois-Perret Cedex.

Done at Brussels, 15 June 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ 13, 21.2.1962, p. 204/62.

(2) OJ L 148, 15.6.1999, p. 5.

(3) OJ C 227, 9.8.2000, p. 6.

(4) OJ L 365, 31.12.1994, p. 10.

(5) The licence was formerly granted to Eco-Emballages by a contract with Der Grüne Punkt-Duales System Deutschland AG (DSD).

(6) According to Eco-Emballages, such transfers are as of now non-existent. If there were any, they served as the consideration for the take-back service. In effect, only a few of Adelphe's obligations relating to materials other than glass were in the past transferred to Eco-Emballages and it received corresponding financial compensation.

(7) The figures for 1997 were as follows: 1,24 million of the 2,3 million tonnes of glass, 0,81 million of the 0,9 million tonnes of plastic, 0,89 million of the 1,0 million tonnes of paper/paperboard, and 0,36 million of the 0,4 million tonnes of metal.

(8) See, for example, in this connection the judgment of the Court of Justice of the European Communities in Case C-38/97 Autotrasporti Librandi [1998] ECR I-5955, paragraph 37.

(9) See, for example, in this connection the judgments of the Court of Justice in Cases 118/85 Commission v Italy [1985] ECR I-2599, paragraph 7, and C-343/95 Diego Call & Figli [1997] ECR I-1547, paragraph 16.

(10) According to Eco-Emballages, this was already the case before the clause in question was amended.

(11) According to Eco-Emballages, a local authority, as a legal person governed by public law, could in any event terminate its contracts at any time, as confirmed by well established case-law in France.

(12) According to Eco-Emballages, which backed up its claim with an example of a contract, this was already the case before the clause in question was amended.