Fornasar & Ors (Environment and consumers) [2000] EUECJ C-318/98 (22 June 2000)

Fornasar & Ors (Environment and consumers) [2000] EUECJ C-318/98 (22 June 2000)

Directive 91/689/EEC does not prevent Member States, including courts, from classifying as hazardous waste substances not on the EU list, provided such waste displays properties listed in Annex III; the origin of the waste is not a necessary precondition for classification as hazardous; Member States must notify the Commission of such classifications under national procedures.

Citation
[2000] EUECJ C-318/98
Parties
Accused: Fornasar, Strizzolo, Toso, Mucchino, Peressutti, Chiarcosso; Referring Court: Pretura Circondariale di Udine, Sezione Distaccata di Cividale del Friuli
Jurisdiction
European Union
Judgment Date
22 June 2000
Procedural Posture
Preliminary Ruling (article 177 EC Treaty) / Judgment of the Court of Justice of the European Communities
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Hazardous Waste, Waste Classification, Directive 91/689/eec, Council Decision 94/904/ec, National Implementation of EU Law, Criminal Liability for Waste Disposal
European Union Law Environmental Law Criminal Law Hazardous Waste Waste Classification Directive 91/689/eec Council Decision 94/904/ec National Implementation of EU Law +1 more

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Parties

Fornasar, Strizzolo, Toso, Mucchino, Peressutti, Chiarcosso

Accused

Pretura Circondariale di Udine, Sezione Distaccata di Cividale del Friuli

Referring Court

Procedural Posture

Preliminary Ruling (article 177 EC Treaty) / Judgment of the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Member States may classify as hazardous waste substances not on the EU list under Directive 91/689 and Decision 94/904
  2. 2 Whether the origin of waste must be determined for classification as hazardous
  3. 3 Whether the EU list of hazardous waste is exhaustive

Ratio Decidendi

Directive 91/689/EEC does not prevent Member States, including courts, from classifying as hazardous waste substances not on the EU list, provided such waste displays properties listed in Annex III; the origin of the waste is not a necessary precondition for classification as hazardous; Member States must notify the Commission of such classifications under national procedures.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • Directive 91/689/EEC does not prevent Member States, including courts, from classifying as hazardous waste substances not on the EU list, provided such waste displays properties listed in Annex III; notification to the Commission is required.
  • It is not a necessary precondition for waste to be classified as hazardous that its origin be determined.