Ministere public v Oscar Traen and others: ECJ 12 May 1987

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 .


C-372/85, R-374/85, [1987] EUECJ R-374/85, [1987] ECR 2141





Cited by:

CitedDerbyshire 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 . .
Lists of cited by and citing cases may be incomplete.

European, Crime, Environment

Updated: 22 May 2022; Ref: scu.134282