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Futura Immobiliare srl Hotel Futura and Others v Comune di Casoria.

Country/Territory
European Union, Italy
Type of court
International court
Date
Jul 16, 2009
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Timmermans, C.W.A.
Bonichot, J.C.
Schiemann, K.
Klūris, P.
Toader, C.
Kokott, J.
Reference number
C-254/08
Language
Italian
Subject
Waste & hazardous substances, Environment gen.
Keyword
Standards Polluter pays principle Environmental standards Ecosystem preservation Hazardous waste Waste management Waste disposal
Abstract
The reference for a preliminary ruling relates to the interpretation of Article 15(a) of Directive 2006/12/EC on waste and, in particular, to the ‘polluter pays’ principle. The ECJ concluded that Article 15(a) of the Waste Directive must be interpreted as not precluding national legislation which, for the purposes of financing an urban waste management and disposal service, provides for a tax or charge calculated on the basis of an estimate of the volume of waste generated by users of that service and not on the basis of the quantity of waste which they have actually produced and presented for collection. It is, however, incumbent upon the national court to review, on the basis of the matters of fact and law placed before it, whether the tax for the disposal of private solid urban waste at issue in the main proceedings results in the allocation to certain ‘holders’, in the case in point hotel establishments, of costs which are manifestly disproportionate to the volumes or nature of the waste that they are liable to produce.
Full text
Futura Immobiliare srl Hotel Futura and Others v Comune di Casoria.pdf
Website
curia.europa.eu

References

Cites

Directive 2006/12/EC of the European Parliament and of the Council on waste.

Legislation | European Union | 2006

Keyword: Waste management, Waste disposal, Recycling/reuse, Waste prevention, Polluter pays principle, Hazardous waste, Transport/storage, Authorization/permit

Source: FAO, FAOLEX