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:
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.
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