Azienda Municipale Ambiente (Opinion) French Text [2020] EUECJ C-15/19_O (16 January 2020)

Azienda Municipale Ambiente (Opinion) French Text [2020] EUECJ C-15/19_O (16 January 2020)

Articles 10, 13, and 14 of Directive 1999/31/EC require that operators of landfills in operation at the end of the transposition period must guarantee post-closure maintenance for at least 30 years, without distinguishing between waste deposited before or after the directive. However, these provisions do not...

Source-derived case information.

Citation
[2020] EUECJ C-15/19_O
Parties
Applicant: Azienda Municipale Ambiente SpA (AMA); Respondent: Consorzio Laziale Rifiuti – Co. La. Ri.
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (cjeu) / Opinion of Advocate General
Outcome
Opinion proposes that the CJEU answer: (1) The operator must guarantee post-closure maintenance for at least 30 years for landfills in operation at the end of the transposition period, regardless of when the waste was deposited; (2) EU law does not justify retroactive fee increases for previous waste holders for...
Legal Topics
Waste Management, Landfill Directive, Retroactivity, Legal Certainty, Legitimate Expectation, Proportionality, Polluter Pays Principle
European Union Law Environmental Law Waste Management Landfill Directive Retroactivity Legal Certainty Legitimate Expectation Proportionality +1 more

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Parties

Azienda Municipale Ambiente SpA (AMA)

Applicant

Consorzio Laziale Rifiuti – Co. La. Ri.

Respondent

Procedural Posture

Preliminary Reference (cjeu) / Opinion of Advocate General

  1. 1 Whether Articles 10 and 14 of Directive 1999/31/EC allow retroactive application of increased landfill maintenance costs to waste holders for waste deposited before transposition;
  2. 2 Whether the extension of post-closure maintenance from 10 to 30 years applies to all waste, including that deposited before the new rules;
  3. 3 Whether increased fees can be charged a posteriori to previous waste holders under EU law principles.

Ratio Decidendi

Articles 10, 13, and 14 of Directive 1999/31/EC require that operators of landfills in operation at the end of the transposition period must guarantee post-closure maintenance for at least 30 years, without distinguishing between waste deposited before or after the directive. However, these provisions do not justify, in light of non-retroactivity, legal certainty, and legitimate expectation, charging higher fees a posteriori to previous waste holders for costs not included in the original fee.

Court Disposition

Opinion proposes that the CJEU answer: (1) The operator must guarantee post-closure maintenance for at least 30 years for landfills in operation at the end of the transposition period, regardless of when the waste was deposited; (2) EU law does not justify retroactive fee increases for previous waste holders for...