Ministere public v Oscar Traen and others. (Approximation Of Laws ) [1987] EUECJ R-374/85 (12 May 1987)

Ministere public v Oscar Traen and others. (Approximation Of Laws ) [1987] EUECJ R-374/85 (12 May 1987)

Articles 8-12 of Directive 75/442/EEC apply to all operators engaging in waste-disposal activities, regardless of the operator's legal status or the frequency of activity. Permits must be issued by competent authorities designated by Member States and cannot be replaced by landowner consent. Member States have discretion in designating competent authorities and organizing supervision, provided the Directive's objectives are met. Articles 8 and 12 do not have direct effect and require national implementing measures.

Citation
[1987] EUECJ R-374/85
Parties
Accused: Three operators of waste-disposal undertakings and a driver; Prosecutor: Procureur des Konings
Jurisdiction
European Union
Judgment Date
12 May 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From National Court (rechtbank Van Eerste Aanleg, Bruges)
Outcome
Preliminary ruling issued; interpretation of Directive 75/442/EEC provided to national court.
Legal Topics
Interpretation of Directive 75/442/eec, Waste Disposal Permits, Competent Authority Designation, Supervision of Waste Activities, Direct Effect of Directives
European Union Law Environmental Law Criminal Law Interpretation of Directive 75/442/eec Waste Disposal Permits Competent Authority Designation Supervision of Waste Activities Direct Effect of Directives

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Parties

Three operators of waste-disposal undertakings and a driver

Accused

Procureur des Konings

Prosecutor

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From National Court (rechtbank Van Eerste Aanleg, Bruges)

Legal Issues

  1. 1 Criteria for application of Articles 8-12 of Directive 75/442/EEC to waste-disposal undertakings
  2. 2 Permit requirements for carriers and landowners under Article 8
  3. 3 Designation of competent authority under Article 5

Ratio Decidendi

Articles 8-12 of Directive 75/442/EEC apply to all operators engaging in waste-disposal activities, regardless of the operator's legal status or the frequency of activity. Permits must be issued by competent authorities designated by Member States and cannot be replaced by landowner consent. Member States have discretion in designating competent authorities and organizing supervision, provided the Directive's objectives are met. Articles 8 and 12 do not have direct effect and require national implementing measures.

Court Disposition

Preliminary ruling issued; interpretation of Directive 75/442/EEC provided to national court.

Orders

  • Any operator engaging in activities under Articles 8-12 is subject to the Directive's measures.
  • Permits must be issued by competent authorities; landowner consent is insufficient.