Original language
Dutch
Country
European Union
Date of text
Status
Unknown
Type of court
International court
Sources
Court name
European Court of Justice
Seat of court
Luxembourg
Reference number
C-116/01
Link to full text
Justice(s)
Wathelet, M.
Timmermans, C.W.A.
La Pergola, A.
Jann, P.
Rosas, A.
Jacobs, F.G.
Abstract
In the preliminary ruling on the case filed by the Dutch Council of State, the ECJ found that only the first step in the waste treatment process in casu incineration - determines the waste treatment process classification (disposal or recovery). Referring to a recent judgment in the similar case C-228/00 Commission v Germany, the calorific value of the waste does not form a relevant criterion in this respect. Instead the three conditions formulated in case C-228/00 need to be checked: 1 main purpose of operation must be enabling the waste to be used as a means of generating energy, 2 conditions of operation must indicate that it is indeed a means to generate energy and 3 waste must be used principally as a fuel or other means of generating energy). The ECJ does not explain whether the caloric value could play a role under one or more of these three conditions.