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.