swarb.co.uk - law index
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Environment - From: 1985 To: 1989
This page lists 3 cases, and was prepared on 27 May 2018.
Procureur De La Republique v Association De Defense Des Bruleurs D'Huiles Usagees (ADBHU) R-240/83; [1985] EUECJ R-240/83; C-240/83
7 Feb 1985
ECJ
European, Environment
The protection of the environment constitutes one of the essential objectives of the Community.
Europa 1. The measures prescribed by directive no 75/439 on the disposal of waste oils do not create barriers to intra-community trade and such measures, in particular the requirement that permits must be obtained in advance , may have a restrictive effect on freedom of trade and of competition, they must nevertheless neither be discriminatory nor go beyond the inevitable restrictions which are justified by the pursuit of the objective of environmental protection, which is in the general interest. 2. Inasmuch as member states are obliged to prohibit any form of waste-oil disposal which might harm the environment, national legislation prohibiting the burning of waste oils otherwise than in special plants and by approved operators is not incompatible with directive no 75/439.
1 Citers
[ Bailii ]
Ministere public v Oscar Traen and others C-372/85; R-374/85; [1987] EUECJ R-374/85; [1987] ECR 2141
12 May 1987
ECJ
European, Crime, Environment
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 responsible, in a given zone, for the planning, organization, authorization and supervision of waste-disposal operations" which are to be established or designated by the member states and the latter are therefore unrestricted in their choice of such authorities. The permit provided for in article 8 of the directive is issued by those authorities and cannot be replaced by the consent of the owner or occupier of the land where the waste is discharged . An owner or occupier of land, as an operator tipping his own waste on that land, does not need a permit under article 8 but a measure subjecting him to such a requirement may be adopted as one of the necessary measures to be taken by the member states under article 4 of the directive. Subject to the usual limitations on the exercise of a discretionary power, the power enjoyed by the member states regarding organization of the supervision provided for in article 10 of the directive is qualified only by the requirement that the objectives of that directive, namely protection of human health and of the environment, must be complied with. A directive may not of itself impose obligations on an individual and a provision of a directive may not therefore be relied upon as such against such a person .
1 Citers
[ Bailii ]
Welsh Water Authority v Williams Motors (Cwmdu) Ltd Times, 05 December 1988
1 Dec 1988
QBD
Lloyd LJ
Environment
Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under section 32(1)(a) with causing or knowingly permitting the discharge into relevant waters. The magistrates were not satisfied that they had caused the pollution. Held: The prosecutor's appeal failed. Lloyd LJ said: "The question is not what was foreseeable by the respondents or anyone else: the question is whether any act on the part of the respondents caused the pollution."
Control of Pollution Act 1974 32(1)(a)
1 Cites
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