Prato Nevoso Termo Energy (Environment - Opinion) French Text [2019] EUECJ C-212/18_O (20 June 2019)

Prato Nevoso Termo Energy (Environment - Opinion) French Text [2019] EUECJ C-212/18_O (20 June 2019)

Member States may, absent EU or national end-of-waste criteria, exclude case-by-case assessment for certain waste types if, without manifest error, they determine the Article 6(1) Directive 2008/98/EC conditions cannot be met for those uses; procedural requirements under Article 13(1) Directive 2009/28/EC do not...

Source-derived case information.

Citation
[2019] EUECJ C-212/18_O
Parties
Applicant: Prato Nevoso Termo Energy Srl; Respondent: Provincia di Cuneo; Respondent: ARPA Piemonte; Intervener: Comune di Frabosa Sottana
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (cjeu) / Advocate General's Opinion
Outcome
Opinion proposes that the relevant national legislation is not precluded by EU law if the national legislature did not commit a manifest error in excluding case-by-case assessment or requiring prior adoption of general criteria for end-of-waste status for chemically treated used vegetable oils as fuel in...
Legal Topics
Waste Status Cessation, Bioliquids, Renewable Energy, Proportionality, Administrative Procedure, Environmental Protection
European Union Law Environmental Law Administrative Law Waste Status Cessation Bioliquids Renewable Energy Proportionality Administrative Procedure +1 more

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Parties

Prato Nevoso Termo Energy Srl

Applicant

Provincia di Cuneo

Respondent

ARPA Piemonte

Respondent

Comune di Frabosa Sottana

Intervener

Procedural Posture

Preliminary Reference (cjeu) / Advocate General's Opinion

  1. 1 Whether national law precluding case-by-case assessment of end-of-waste status for chemically treated used vegetable oils as fuel in energy installations is compatible with Article 6(1) and (4) of Directive 2008/98/EC.
  2. 2 Whether national law lacking coordination and procedural guarantees for authorisation of bioliquids as fuel in energy installations is compatible with Article 13(1) of Directive 2009/28/EC.

Ratio Decidendi

Member States may, absent EU or national end-of-waste criteria, exclude case-by-case assessment for certain waste types if, without manifest error, they determine the Article 6(1) Directive 2008/98/EC conditions cannot be met for those uses; procedural requirements under Article 13(1) Directive 2009/28/EC do not override substantive national rules on fuel admissibility.

Court Disposition

Opinion proposes that the relevant national legislation is not precluded by EU law if the national legislature did not commit a manifest error in excluding case-by-case assessment or requiring prior adoption of general criteria for end-of-waste status for chemically treated used vegetable oils as fuel in...