The ECJ dismissed the Commission’s action against Finland for failure to fulfill obligations by not requiring more stringent treatment of all waste water collected in agglomerations of more than 10 000 population equivalent (p.e) under Directive 91/271/EEC concerning urban waste-water treatment. The Court first noted that Directive 91/271/EEC does not provide for a general obligation to require...

This writ petition is directed against the clarification issued by the Department of Environment, Government of NCT of Delhi, on 20.02.2009, with regard to the use of non-woven bags. The clarification was issued in the context of the earlier notification dated 07.01.2009, which was issued by the Lt. Governor of the National Capital Territory of Delhi, in exercise of powers conferred under Section...

Mr. Vinod Kumar Jain filed a Public Interest Litigation (PIL) in this Court, concerning the management of plastic waste, which according to him remains in the environment as it is non-biodegradable. The Division Bench hearing the PIL constituted a Committee and on the base of its recommendations,on 7th August 2008, issued the following directions: The respondents Government of NCT of Delhi shall...

The present writ petition has been filed in public interest. It paints a grim picture about the failure of the civic agencies in regard to the solid waste management in Delhi. In particular, it refers to the problems arising out of use of plastic bags in general which are posing major environmental hazard. The petition, therefore, prays for directions for upgrading the waste management system...

Thorn bought used household electrical goods such as refrigerators and computers for re-sale. These items had been taken by a company called Wincanton from retailers who had supplied a replacement product to consumers and had contracted to take the used appliance away. Thorn would attend Wincanton’s warehouse and inspect the used appliances which were offered for sale. If it was satisfied that an...

Brazil took measures to combat the adverse effects of waste tyres on both the environment and human health. Therefore, it enacted a ban on import of new and reatreated tyres. Yet, some MERCOSUR countries benefited from an exception on the import ban for retreated tyres. On 20 June 2005, the European Communities requested consultations with Brazil on the ground that this difference of treatment...

These have been two judicial review applications heard together, brought against the Environment Agency. In both applications there arose a common issue, namely in what circumstances does material, which has become waste or derives from waste, cease to be waste if it is to be burnt as fuel: and, in particular, whether it can cease to be waste when a prior process is carried out for the purpose of...

Fost Plus VZW is a Belgian company, responsible for recovery and recycling of household packaging waste. The European Commission confirmed a measure, notified by the Belgium government, which allowed higher recycling and recovery rates than provided by directive 94/62/EC. Fost Plus VZW claims to be individually concerned by this measure and that the confirmation was contravening European law. The...

Austria and Portugal have joined a long list of EU Member States condemned by the European Court of Justice for failing to give priority to the recycling or "regeneration" of waste oils under Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils. The rulings' impact could be negligible, however, since the European Commission - which brought the cases - has now indicated that it wants...

In the preliminary ruling on the case filed by the Dutch Council of State, the ECJ found that only the first step in the waste treatment process – in casu incineration - determines the waste treatment process classification (disposal or recovery). Referring to a recent judgment in the similar case C-228/00 Commission v Germany, the calorific value of the waste does not form a relevant criterion in...