CJEU Case C-6/03 / Judgment

Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz
Policy area
Environment
Deciding body type
Court of Justice of the European Union
Deciding body
Court (First Chamber)
Typ
Decision
Decision date
06/07/2020
ECLI (European case law identifier)
ECLI:EU:C:2005:222

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter

  • Paragraphs referring to EU Charter

    Key facts of the case:

    Reference for a preliminary ruling: Verwaltungsgericht Koblenz - Germany.

    Environment - Landfill of waste - Directive 1999/31 - Domestic legislation laying down more stringent rules - Compatibility.

    Outcome of the case:

     

    On those grounds, the Court (First Chamber) rules as follows:

    1. It is not contrary to Article 5(1) and (2) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste 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,
    • fix earlier time-limits than those under the Directive in order to reduce the amount of waste going to landfill,
    • apply not only to biodegradable waste but also to non-biodegradable organic substances, and
    • apply not only to municipal waste but also to waste that may be disposed of as municipal waste.

    2. The Community-law principle of proportionality is not applicable so far as concerns more stringent protective measures of domestic law adopted by virtue of Article 176 EC and going beyond the minimum requirements laid down by a Community directive in the sphere of the environment, inasmuch as other provisions of the Treaty are not involved.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter