Criminal proceedings against Pierre Goupil. (Transport) [1996] EUECJ C-39/95 (21 March 1996)

Criminal proceedings against Pierre Goupil. (Transport) [1996] EUECJ C-39/95 (21 March 1996)

The exemption in Article 4(6) of Regulation (EEC) No 3820/85 applies only to vehicles used for the collection of waste of all kinds not subject to more specific rules and for the transportation of such waste over short distances, within the context of a general service in the public interest, whether provided by public authorities or private undertakings under their control.

Citation
[1996] EUECJ C-39/95
Parties
Defendant: Mr Goupil; Referring Court: Tribunal de Police, La Rochelle
Jurisdiction
European Union
Judgment Date
21 March 1996
Procedural Posture
Preliminary Ruling (article 177 EC Treaty) / Reference From National Court to Court of Justice
Outcome
Preliminary ruling issued; interpretation of Article 4(6) provided.
Legal Topics
Interpretation of Regulation (eec) No 3820/85 Article 4(6), Scope of Exemption for Refuse Collection Vehicles, Harmonization of Social Legislation in Road Transport
European Union Law Transport Law Criminal Law Interpretation of Regulation (eec) No 3820/85 Article 4(6) Scope of Exemption for Refuse Collection Vehicles Harmonization of Social Legislation in Road Transport

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Parties

Mr Goupil

Defendant

Tribunal de Police, La Rochelle

Referring Court

Procedural Posture

Preliminary Ruling (article 177 EC Treaty) / Reference From National Court to Court of Justice

Legal Issues

  1. 1 Whether vehicles used by private companies for waste collection and transport are exempt from Regulation (EEC) No 3820/85 under Article 4(6)
  2. 2 Definition of 'vehicles used in connection with refuse collection and disposal'

Ratio Decidendi

The exemption in Article 4(6) of Regulation (EEC) No 3820/85 applies only to vehicles used for the collection of waste of all kinds not subject to more specific rules and for the transportation of such waste over short distances, within the context of a general service in the public interest, whether provided by public authorities or private undertakings under their control.

Court Disposition

Preliminary ruling issued; interpretation of Article 4(6) provided.

Orders

  • The words 'vehicles used in connection with ... refuse collection and disposal' in Article 4(6) of Council Regulation (EEC) No 3820/85 must be interpreted as covering vehicles used for the collection of waste of all kinds not subject to more specific rules and for the transportation of such waste over short...