ECJ The concept of waste, within the meaning of Article 1 of Directive 75/442 and Article 1 of Directive 78/319, is not to be understood as excluding substances and objects which are capable of economic reutilization . The concept does not presume that the holder disposing of a substance or an object intends to exclude … Continue reading Criminal Proceedings Against G Vessoso And G Zanetti: ECJ 28 Mar 1990
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
ECJ 1 By application lodged at the Court Registry on 8 May 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that the Grand Duchy of Luxembourg had failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ … Continue reading Commission of the European Communities v Grand-duche de Luxembourg: ECJ 15 Jan 2002
ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’.Advocate General Alber said: ‘The concept of waste underlying Community law on waste is defined in article 1(a) of Directive 75/442. According to that definition, ‘waste’ means ‘any substance or object in the categories set out in Annex I which the holder discards or intends … Continue reading Arco Chemie Nederland v Minister van Volkshuisvesting, Ruimtelijke Ordening in Milieubeheer: ECJ 15 Jun 2000
ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in … Continue reading Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004
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
ECJ Environment and Consumers – Failure of a Member State to fulfil obligations – Environment Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’ – Substances or objects intended for disposal or recovery operations Production residues capable of re-use. Citations: [2007] EUECJ C-263/05 Links: Bailii Statutes: Directive 75/442/EEC, Directive 91/156/EEC Jurisdiction: European Environment Updated: 12 July … Continue reading Commission v Italy – C-263/05: ECJ 18 Dec 2007
EU (Judgment) Failure of a Member State to fulfil obligations – Environment – Waste management – Directive 75/442/EEC, as amended by Directive 91/156/EC – Articles 4, 5, 8, 9, 10, 12, 13 and 14. Citations: C-494/01 Jurisdiction: European Environment Updated: 12 July 2022; Ref: scu.230314
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
ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept of waste Waste water which escapes from a collecting system. Citations: C-252/05, [2007] EUECJ C-252/05, [2007] 1 WLR 1945, [2007] 3 CMLR 2, … Continue reading Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court: ECJ 8 Feb 2007
ECJ Environment – Waste – Regulation (EEC) No 259/93 on shipments of waste – Waste intended for recovery – Objections – Powers of the authority of dispatch – Recovery contravening the requirements of Article 4 of Directive 75/442/EEC or those of national provisions – Power of the authority of dispatch to raise such objections. Citations: … Continue reading EU-Wood-Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH: ECJ 16 Dec 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
Failure of a Member State to fulfil obligations – Directive 75/442/EEC – Environment – Management of waste Citations: C-398/02, [2004] EUECJ C-398/02 Links: Bailii Statutes: Directive 75/442/EEC European Updated: 21 June 2022; Ref: scu.213813
ECJ (Judgment) Environment – Waste – Regulation (EEC) No 259/93 – Directive 75/442/EEC – Treatment of waste in several stages – Use of waste as fuel in the cement industry and use of incineration residues as raw material in cement manufacture- Classification as a recovery operation or as a disposal operation – Concept of the … Continue reading SITA C-116/01: ECJ 3 Apr 2003
ECJ Directive 75/442 on waste, as amended by Directive 91/156, and Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community cannot be interpreted as meaning that the principles of self-sufficiency and proximity are applicable to shipments of waste for recovery. That follows from the … Continue reading Chemische Afvalstoffen Dusseldorp and others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998
ECJ The expression ‘municipal/household waste’ referred to under point AD 160 of the amber list in Annex III to Regulation No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Decision 94/721 adapting, pursuant to Article 42(3), Annexes II, III and IV to … Continue reading Beside and Besselsen v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer: ECJ 25 Jun 1998
(Judgment) 1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the latter to define the factual and legislative context of the questions submitted or, at the very least, explain the factual circumstances on which those questions are based. The information provided … Continue reading Criminal proceedings against Gallotti and others: ECJ 12 Sep 1996
ECJ 1. Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where the State fails to implement the directive in national law by the end of the period prescribed or where it … Continue reading Comitato di coordinamento per la difesa della Cava and others v Regione Lombardia and others: ECJ 23 Feb 1994
The verb ‘discard’ in the Waste Framework Directive has a special and limited meaning which requires the materials to be subjected to a disposal or recovery operation. Carnwath J said: ‘The general concept is now reasonably clear. The term discard is used in a broad sense equivalent to ‘get rid of’. The phrase get rid … Continue reading Regina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited: Admn 22 May 1997
Articles 8 to 12 of Directive 75/442 on waste cover all waste-disposal activities and do not impose any limitation relating to the legal status of the operator or the frequency or purpose of the activities concerned. Article 5 of the directive does not lay down any restrictive criteria concerning the ‘competent … Authorities to be … Continue reading Ministere public v Oscar Traen and others: ECJ 12 May 1987
Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act. Held: Sewage which escaped from a public sewer was controlled waste. Judges: Lord Justice Carnwarth and … Continue reading Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008
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
Europa Failure of a Member State to fulfil obligations – Environment – Waste management – Directive 75/442/EEC, as amended by Directive 91/156/EC – Articles 4, 5, 8, 9, 10, 12, 13 and 14 Citations: C-494/01, [2005] EUECJ C-494/01 Links: Bailii Jurisdiction: European European, Environment, Consumer Updated: 24 April 2022; Ref: scu.224395
ECJ Reference for a preliminary ruling – Environment – Waste – Directive 75/442/EEC – Article 7(1) – Management plan – Suitable sites or installations for the disposal of waste – Concept of waste management plan – Directive 1999/31/EC – Articles 8 and 14 – Landfills which have been granted a permit, or which are already … Continue reading Ville D’Ottignies-Louvain-La-Neuve And Others v Region wallonne: ECJ 9 Apr 2014
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
ECJ Environment – Directives 75/442/EEC and 91/156/EEC – Concept of ‘waste’ – Slurry produced on a pig farm – Storage until use as fertiliser – Classification as waste – Classification as a by-product – Burden of . .
ECJ Environment and Consumers – Failure of a Member State to fulfil obligations Environment Directives 75/442/EEC and 91/156/EEC – Concept of waste Food scraps from the agro’food industry intended for the . .
The fact that waste deposited, was yet capable of being recycled, did not of itself prevent its deposit being subject to landfill tax. The local authority took waste highways material to the respondent’s landfill site. Some was capable of being resold. The tribunal had held that this was not a disposal of the materials as … Continue reading The Commissioners of Customs and Excise v Parkwood Landfill Limited: ChD 29 Jan 2002
ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites Citations: C-217/02, [2004] EUECJ C-217/02 Links: Bailii Jurisdiction: European Environment Updated: 26 July 2022; Ref: scu.213795
ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Assessment of the effects of certain projects on the environment – Waste recovery – Implementation of the ‘third line’ of the Brescia waste incinerator – Publicity for the application for a permit – Directives 75/442/EEC, 85/337/EEC and 2000/76/EC. Citations: [2007] EUECJ C-255/05 … Continue reading Commission v Italy C-255/05: ECJ 5 Jul 2007
ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive 91/271/EEC – … Continue reading Commission v Spain (Environment And Consumers): ECJ 8 Sep 2005
Harmonisation of laws – Directives 75/442/EEC and 91/156/EEC – Concept of waste – Production residue – Quarry – Storage – Use of waste – No risk to health or the environment – Possibility of recovery of waste Judges: Macken P Citations: C-9/00, [2002] EUECJ C-9/00 Links: Bailii Jurisdiction: European Cited by: Cited – Ezeemo and … Continue reading Palin Granit Oy v Vehmassalon kansaterveystyon kuntayhtyman hallitus: ECJ 18 Apr 2002
ECJ Failure by a Member State to fulfil obligations – Environment – Hazardous waste – Directives 75/442/EEC and 91/689/EEC Citations: [2002] EUECJ C-65/00 Links: Bailii Jurisdiction: European Environment Updated: 05 June 2022; Ref: scu.167709
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment. Held: An objective was different to a material consideration. An objective was something to be kept in mind at all stages of an assessment, and even when considering … Continue reading Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002
Failure by a Member State to fulfil its obligations – Environment – Waste – Directives 75/442/EEC, 91/689/EEC and 94/62/EC – Waste management plans Citations: [2002] EUECJ C-466/99 Links: Bailii Jurisdiction: European Environment Updated: 05 June 2022; Ref: scu.167514
The court was asked ‘whether the burning of Cemfuel, as a fuel in the Ribblesdale and Ketton Cement Works operated by the Applicant (Castle), amounts to the burning of ‘hazardous waste’, as the Environment Agency has concluded, or to the burning of a non-waste fuel, as Castle contends.’ Held: Stanley Burnton J said: ‘Whether material … Continue reading Castle Cement v Environment Agency: Admn 22 Mar 2001
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had had to be repealed and re-enacted in the 2010 Act. Held: Leave was refused. … Continue reading Regina v Budimir and Another: CACD 29 Jun 2010
ECJ Environment and Consumers – Failure of a Member State to fulfil obligations Environment Directives 75/442/EEC and 91/156/EEC Concept of ‘waste’ Excavated earth and rocks intended for re-use. . .
Failure by a Member State to fulfil its obligations – Environment – Waste – Directives 75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC – Waste management plans: ‘ . . considering the objectives pursued by the obligation laid down in Article 7(1) of . .
References: C-121/03 ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive … Continue reading Commission v Spain: ECJ 8 Sep 2005
