Landfill Ruling: Case C-6/03 Deponiezweckverband Eiterkopfe
Judgement was issued on 14 April by the European Court of Justice in respect of a reference to the ECJ for a preliminary ruling on an aspect of interpretation of the Landfill Directive (Directive 1991/31/EC).
The ECJ held that it was not contrary to Article 5(1) and (2) of the Landfill Directive that a measure of domestic law should fix limits in respect of the acceptance of biodegradable waste for landfill lower than those fixed by the Directive, even if those limits are so low that they call for treatment by mechanical and biological processes or the incineration of such waste before it is landfilled. It was also held to be valid for the Directive provisions to be applied not only to biodegradable waste but also to non-biodegradable organic substances, and not only to municipal waste but also to waste that may be disposed of as municipal waste. It was therefore lawful for Germany to apply more stringent measures than those set out in the Directive. The Court also held that the principle of proportionality is not applicable where the case concerns more stringent protective measures of domestic law adopted by virtue of Article 176 EC and which go beyond minimum requirements laid down within Directives within the sphere of the environment, so long as other provisions of the Treaty are not involved.
Judgement C-6/03 can be found in English at the following link: C-6/03