Criminal proceedings against Jose Vanacker and Andre Lesage and SA Baudoux combustibles. (Preliminary rulings) [1993] EUECJ C-37/92 (12 October 1993)

Criminal proceedings against Jose Vanacker and Andre Lesage and SA Baudoux combustibles. (Preliminary rulings) [1993] EUECJ C-37/92 (12 October 1993)

Directive 75/439/EEC precludes national legislation establishing a system of collection and disposal of waste oils for the benefit of undertakings to which the administrative authorities grant approval for exclusive zones which in fact allows such approval to be granted only to national undertakings.

Citation
[1993] EUECJ C-37/92
Parties
Defendant: José Vanacker; Defendant: André Lesage; Intervener: French Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
12 October 1993
Procedural Posture
Criminal Proceedings / Preliminary Ruling Referral
Outcome
Directive 75/439/EEC precludes restrictive national approval systems for waste oil collection and disposal.
Legal Topics
Waste Oil Disposal, Free Movement of Goods, National Approval Systems, Interpretation of EU Directives
European Union Law Environmental Law Criminal Law Waste Oil Disposal Free Movement of Goods National Approval Systems Interpretation of EU Directives

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Parties

José Vanacker

Defendant

André Lesage

Defendant

French Government

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Criminal Proceedings / Preliminary Ruling Referral

Legal Issues

  1. 1 Whether French legislation restricting approval for waste oil collection to national undertakings is compatible with Directive 75/439/EEC and Articles 30-36 of the EEC Treaty

Ratio Decidendi

Directive 75/439/EEC precludes national legislation establishing a system of collection and disposal of waste oils for the benefit of undertakings to which the administrative authorities grant approval for exclusive zones which in fact allows such approval to be granted only to national undertakings.

Court Disposition

Directive 75/439/EEC precludes restrictive national approval systems for waste oil collection and disposal.

Orders

  • Interpretation of national rules is for national courts.
  • National courts must interpret national law in light of EU directives.