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Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied. Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The … Continue reading Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000

Commission v United Kingdom: ECJ 24 Jan 2002

Europa Failure by a Member State to fulfil its obligations – Environment – Waste -Directives – Waste management plans. ‘The United Kingdom does not dispute its alleged failure to meet its obligations. It admits that, during the period under consideration, it failed to adopt and/or notify waste management plans capable of covering the entire territory … Continue reading Commission v United Kingdom: ECJ 24 Jan 2002

Tombesi: ECJ 25 Jun 1997

(Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/9 Citations: C-224/95, [1997] EUECJ C-224/95 Links: Bailii Statutes: Council Directive 91/689/EEC, Council Regulation (EEC) No 259/9, Council Directive 91/156/EEC Jurisdiction: European Citing: See Also – Euro Tombesi, Santella etc ECJ 25-Jun-1997 ECJ (Environment And Consumers) Waste – … Continue reading Tombesi: ECJ 25 Jun 1997

Euro Tombesi, Santella etc: ECJ 25 Jun 1997

ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 Judges: G.F. Mancini, P Citations: C-342/94, [1997] EUECJ C-342/94 Links: Bailii Statutes: Council Regulation (EEC) No 259/93, Council Directive 91/156/EEC, Council Directive 91/689/EEC Cited by: See Also – Tombesi and Others ECJ 25-Jun-1997 ECJ (Environment And … Continue reading Euro Tombesi, Santella etc: ECJ 25 Jun 1997

Criminal proceedings against Tombesi and others: ECJ 25 Jun 1997

ECJ Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93Waste includes substances discarded by their owners, even if they ”have a commercial value and are collected on a commercial basis for recycling, reclamation or re-use”. Judges: Mancini, P Citations: [1997] ECR 1-3561, [1998] Env LR 59, C-304/94, [1997] EUECJ … Continue reading Criminal proceedings against Tombesi and others: ECJ 25 Jun 1997

Derbyshire Waste Ltd v Blewett and Another: CA 11 Nov 2004

Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted. Held: The intention of the Landfill Directive was to discourage its use other than as a last resort. Though the Directive was part of English law, by affecting the weight … Continue reading Derbyshire Waste Ltd v Blewett and Another: CA 11 Nov 2004

Tombesi and Others: ECJ 25 Jun 1997

ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 Citations: C-330/94, [1997] EUECJ C-330/94 Links: Bailii Statutes: Council Regulation (EEC) No 259/93, Directive 91/689/EEC, Directive 91/156/EEC Jurisdiction: European Citing: See Also – Euro Tombesi, Santella etc ECJ 25-Jun-1997 ECJ (Environment And Consumers) Waste – Definition … Continue reading Tombesi and Others: ECJ 25 Jun 1997

Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste … Continue reading Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001

Ezeemo and Others v Regina: CACD 16 Oct 2012

The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability. Held: The appeals failed. Once a substance or object has been discarded (and has therefore become waste) the … Continue reading Ezeemo and Others v Regina: CACD 16 Oct 2012