Data source
Date of text
11 Sep 2008
Country
Seat of court
Luxembourg
Original language

Swedish

Type of text
International court
Reference number
C-251/07
Court name
European Court of Justice
Justice(s)
Lenaerts, K.
Silva de Lapuerta, R.
Juhász, E.
Malenovský, J.
von Danwitz, T.
Kokott, J.
Sources
InforMEA

The judgment of the ECJ gave answer to a request for preliminary ruling, submitted in the course of proceedings between Gävle Kraftvärme AB and the Regional Authority of Gävleborg, concerning the authorisation to operate a combined heat and power plant. In the dispute the question arose whether a waste incinerator under EU law should be regarded as an incineration or a coincineration plant, which is an important difference from administrative and economic aspects. While the ECJ did not give a classification for the plant in question, it declared that the criteria to differentiate have to be based on the main purpose of the plant and on the relation between the volume of energy or products produced by the plant and the waste it generates.