Oss Group Ltd, R (on the application of) v Environment Agency & Ors

Oss Group Ltd, R (on the application of) v Environment Agency & Ors

Material derived from waste lubricating oil may cease to be classified as waste under the Waste Framework Directive if, after processing, it is converted into a distinct, marketable product that can be used in the same way as an ordinary fuel and with no greater environmental effects, and is not being discarded. The Agency's position that such material remains waste until combustion is too narrow and not supported by European case law.

Parties
Appellant: OSS Group Limited; Respondents: Environment Agency & Ors; Intervener: DEFRA
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Judicial Review / Appeal From Qbd, Administrative Court
Outcome
Appeal allowed
Legal Topics
Definition of Waste, Waste Framework Directive, Recovery Operations, End of Waste Criteria
Environmental Law European Union Law Definition of Waste Waste Framework Directive Recovery Operations End of Waste Criteria

Case Brief

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Parties

OSS Group Limited

Appellant

Environment Agency & Ors

Respondents

DEFRA

Intervener

Procedural Posture

Judicial Review / Appeal From Qbd, Administrative Court

Legal Issues

  1. 1 When does material derived from waste lubricating oil cease to be 'waste' under the Waste Framework Directive?
  2. 2 Is the material still 'waste' after processing if it is intended for use as fuel?

Ratio Decidendi

Material derived from waste lubricating oil may cease to be classified as waste under the Waste Framework Directive if, after processing, it is converted into a distinct, marketable product that can be used in the same way as an ordinary fuel and with no greater environmental effects, and is not being discarded. The Agency's position that such material remains waste until combustion is too narrow and not supported by European case law.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • No order other than to determine the appeal question in the affirmative.