Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

C-457/02 Criminal proceedings against Antonio Niselli

Date
Nov 11, 2004
Source
UNEP, InforMEA
Court name
CJEU - Judgment of the Court (Second Chamber) of 11 November 2004
Abstract
Case C-457/02 Criminal proceedings against Antonio Niselli (Reference for a preliminary ruling from the Tribunale di Terni) (Directives 75/442/EEC and 91/156/EEC – Definition of ‘waste’ – Reusable production or consumption residues – Scrap metal) Summary of the Judgment 1. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Definition – Substance which is discarded – Subjection to disposal or recovery operations within the meaning of Annexes IIA and IIB – Insufficient (Council Directive 75/442, as amended by Directive 91/156, Art. 1(a), first subpara., and Annexes IIA and IIB) 2. Environment – Waste – Directive 75/442, as amended by Directive 91/156 – Meaning – Possible inclusion of reused production or consumption residues (Council Directive 75/442, as amended by Directive 91/156, Art. 1(a), first subpara.) 1. The definition of ‘waste’ in the first subparagraph of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156 and by Decision 96/350, cannot be construed as covering exclusively substances or objects intended for, or subjected to, the disposal or recovery operations mentioned in Annexes IIA and IIB to that directive or in the equivalent lists, or to which their holder intends or is required to subject them. (see para. 40, operative part 1) 2. The concept of ‘waste’ for the purposes of the first subparagraph of Article 1(a) of Directive 75/442 on waste, as amended by Directive 91/156 and by Decision 96/350, is not to be interpreted as excluding all production or consumption residues which can be or are reused in a cycle of production or consumption, either without prior treatment and without harm to the environment, or after undergoing prior treatment without, however, requiring a recovery operation within the meaning of Annex IIB to that directive. (see para. 53, operative part 2) JUDGMENT OF THE COURT (Second Chamber) 11 November 2004(1) (Directives 75/442/EEC and 91/156/EEC – Definition of ‘waste’ – Reusable production or consumption residues – Scrap metal) THE COURT (Second Chamber),, after hearing the Opinion of the Advocate General at the sitting on 10 June 2004, gives the following
Full text
eur-lex.europa.eu