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Title:
Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz.
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
April 14, 2005
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
Jann, P.
Colneric, N.
Cunha Rodrigues, J.N.
Ilešic, M.
Levits, E.
Ruiz-Jarabo Colomer, D.
Reference number:
C-6/03
ECOLEX subject(s):
Waste & hazardous substances
Environment gen.
Abstract:
Germany's environment Ministry strongly welcomed a ruling by the ECJ rejecting complaints against Germany's waste dumping law. The judgement confirms that member states can impose curbs stricter than those in EC Landfill directive 1999/31. The ruling responds to questions posed by a German court following a legal challenge by landfill operator (Deponiezweckverband Eiterköpfe). German law makes it illegal from 1 July 2005 to landfill wastes that have not undergone incineration or mechanical-biological treatment. The company complained that this exceeds measures specified in the EU directive and imposes a disproportionate burden on operators. In line with the legal opinion of AG Colomer (also available in the EEL case law database), the ECJ has rejected these complaints. German law imposes stricter and earlier limits on biodegradable content of more wastes going to landfill than the EC directive, but under Article 176 of the EC Treaty this is permissible. The EU legal principle of proportionality is not applicable in this case, it adds.