The case dealt with national rules allowing a commune, in the interest of capacity utilisation and the profitability of a limited number of undertakings, to exclude an undertaking, which is in other respects qualified, from taking part in the recycling of certain types of non-hazardous waste. Among other things, the ECJ explained that Article 34 (now: 29) stands in the way of measures that hinder the export of non-hazardous waste; neither Article 36 (now: 30) nor the rectification at source principle from Article 130R (now: 174) para 2 can alter this if the life or health of humans, animals or plants is not endangered. Article 90 (now 86) jo. 86 (now 82) does not preclude a municipal measure that aims at solving an environmental problem and limits the number of waste treatment companies in order to ensure that they receive enough waste.