Search Results for: Directive 75/442/EEC

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Commission of the European Communities v Grand-duche de Luxembourg: ECJ 15 Jan 2002

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

Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004

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

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 Italy – C-263/05: ECJ 18 Dec 2007

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

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

EU-Wood-Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH: ECJ 16 Dec 2004

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

SITA C-116/01: ECJ 3 Apr 2003

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

Regina v Environment Agency ex parte Dockgrange Limited and Mayer Parry Limited: Admn 22 May 1997

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

Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008

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

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

Commission v Ireland: ECJ 26 Apr 2005

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

Ville D’Ottignies-Louvain-La-Neuve And Others v Region wallonne: ECJ 9 Apr 2014

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 Commissioners of Customs and Excise v Parkwood Landfill Limited: ChD 29 Jan 2002

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

Arco Chemie Nederland v Minister van Volkshuisvesting, Ruimtelijke Ordening in Milieubeheer: ECJ 15 Jun 2000

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

Commune De Braine-Le-Chateau (Environment And Consumers): ECJ 1 Apr 2004

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

Commission v Italy C-255/05: ECJ 5 Jul 2007

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

Commission v Spain (Environment And Consumers): ECJ 8 Sep 2005

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

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

Palin Granit Oy v Vehmassalon kansaterveystyon kuntayhtyman hallitus: ECJ 18 Apr 2002

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

Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002

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

Castle Cement v Environment Agency: Admn 22 Mar 2001

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

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

Regina v Budimir and Another: CACD 29 Jun 2010

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

Commission v France: ECJ 2 May 2002

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 . .

Commission v Spain: ECJ 8 Sep 2005

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