Oss Group Ltd, R (on the application of) v Environment Agency & Ors [2007] EWCA Civ 611 (28 June 2007)

Oss Group Ltd, R (on the application of) v Environment Agency & Ors [2007] EWCA Civ 611 (28 June 2007)

A material processed from waste lubricating oil can cease to be waste before combustion if it has been converted into a distinct, marketable product that can be used in the same way as an ordinary fuel, with no greater environmental risk, and is not being discarded. The Agency's position that waste status persists until combustion is too narrow and not supported by European case law.

Citation
[2007] EWCA Civ 611
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 / Court of Appeal (civil Division) on Appeal From Qbd, Administrative Court
Outcome
Appeal allowed
Legal Topics
Waste Framework Directive, Definition of Waste, End of Waste Criteria, Recovery Operations, Waste Oils Directive, Judicial Interpretation of EU Law
Environmental Law European Union Law Administrative Law Waste Framework Directive Definition of Waste End of Waste Criteria Recovery Operations Waste Oils Directive +1 more

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Parties

OSS Group Limited

Appellant

Environment Agency & Ors

Respondents

DEFRA

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From Qbd, Administrative Court

Legal Issues

  1. 1 When does material processed from waste lubricating oil cease to be 'waste' under the Waste Framework Directive?
  2. 2 Is the material still 'waste' when prepared for use as fuel, or only when actually combusted?

Ratio Decidendi

A material processed from waste lubricating oil can cease to be waste before combustion if it has been converted into a distinct, marketable product that can be used in the same way as an ordinary fuel, with no greater environmental risk, and is not being discarded. The Agency's position that waste status persists until combustion is too narrow and not supported by European case law.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the appeal question is determined in the affirmative. No further order is made.