Thames Water Utilities (Environment and consumers) [2007] EUECJ C-252/05 (10 May 2007)

Thames Water Utilities (Environment and consumers) [2007] EUECJ C-252/05 (10 May 2007)

Waste water escaping from a sewerage network is 'waste' under Directive 75/442. Directive 91/271 does not constitute 'other legislation' or 'lex specialis' for such waste, as it does not provide equivalent protection or specific management provisions. National law may only qualify as 'other legislation' if it meets the criteria of precise management and equivalent environmental protection.

Citation
[2007] EUECJ C-252/05
Parties
Defendant: Thames Water Utilities Ltd; Prosecutor: Environment Agency
Jurisdiction
European Union
Judgment Date
10 May 2007
Procedural Posture
Reference for Preliminary Ruling (cjeu) / Preliminary Ruling on Interpretation of EU Law
Outcome
Preliminary ruling issued; interpretation of EU law provided; matter remitted to national court for application.
Legal Topics
Waste Management, Urban Waste Water, Interpretation of EU Directives, Exclusion Clauses, National Implementation
Environmental Law European Union Law Waste Management Urban Waste Water Interpretation of EU Directives Exclusion Clauses National Implementation

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Parties

Thames Water Utilities Ltd

Defendant

Environment Agency

Prosecutor

Procedural Posture

Reference for Preliminary Ruling (cjeu) / Preliminary Ruling on Interpretation of EU Law

Legal Issues

  1. 1 Whether waste water escaping from a sewerage network constitutes 'waste' under Directive 75/442
  2. 2 Whether such waste water is excluded from Directive 75/442 by Article 2(1)(b)(iv) or Article 2(2)
  3. 3 Whether Directive 91/271 or national law qualifies as 'other legislation' or 'lex specialis'

Ratio Decidendi

Waste water escaping from a sewerage network is 'waste' under Directive 75/442. Directive 91/271 does not constitute 'other legislation' or 'lex specialis' for such waste, as it does not provide equivalent protection or specific management provisions. National law may only qualify as 'other legislation' if it meets the criteria of precise management and equivalent environmental protection.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided; matter remitted to national court for application.

Orders

  • Waste water escaping from a sewerage network is 'waste' under Directive 75/442.
  • Directive 91/271 is not 'other legislation' under Article 2(1)(b) of Directive 75/442.