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Document E2025J0002
JUDGMENT OF THE COURT of 11 November 2025 in Case E-2/25 – The municipality of Fredrikstad, represented by Fredrikstad Vann Avløp og Renovasjonsforetak, and Saren Energy Sarpsborg AS v The Norwegian State, represented by the Ministry of Climate and Environment (Directive 2003/87/EC – Emissions trading scheme – Environmental protection – Waste incineration – Hazardous or municipal waste – Homogeneity – Internal consistency)
JUDGMENT OF THE COURT of 11 November 2025 in Case E-2/25 – The municipality of Fredrikstad, represented by Fredrikstad Vann Avløp og Renovasjonsforetak, and Saren Energy Sarpsborg AS v The Norwegian State, represented by the Ministry of Climate and Environment (Directive 2003/87/EC – Emissions trading scheme – Environmental protection – Waste incineration – Hazardous or municipal waste – Homogeneity – Internal consistency)
JUDGMENT OF THE COURT of 11 November 2025 in Case E-2/25 – The municipality of Fredrikstad, represented by Fredrikstad Vann Avløp og Renovasjonsforetak, and Saren Energy Sarpsborg AS v The Norwegian State, represented by the Ministry of Climate and Environment (Directive 2003/87/EC – Emissions trading scheme – Environmental protection – Waste incineration – Hazardous or municipal waste – Homogeneity – Internal consistency)
PUB/2025/1296
OJ C, C/2026/1133, 19.2.2026, ELI: http://data.europa.eu/eli/C/2026/1133/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2026/1133 |
19.2.2026 |
JUDGMENT OF THE COURT
of 11 November 2025
in Case E-2/25
The municipality of Fredrikstad, represented by Fredrikstad Vann Avløp og Renovasjonsforetak, and Saren Energy Sarpsborg AS v The Norwegian State, represented by the Ministry of Climate and Environment
(Directive 2003/87/EC – Emissions trading scheme – Environmental protection – Waste incineration – Hazardous or municipal waste – Homogeneity – Internal consistency)
(C/2026/1133)
In Case E-2/25, The municipality of Fredrikstad, represented by Fredrikstad Vann Avløp og Renovasjonsforetak, and Saren Energy Sarpsborg AS v The Norwegian State, represented by the Ministry of Climate and Environment – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Borgarting Court of Appeal (Borgarting lagmannsrett), concerning the interpretation of Directive 2003/87/EC, as amended, establishing a system for greenhouse gas emissions allowance trading, the Court, composed of Páll Hreinsson, President, Bernd Hammermann (Judge-Rapporteur) and Michael Reiertsen, Judges, gave judgment on 11 November 2025, the operative part of which is as follows:
The first activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union must be interpreted as meaning that all installations which incinerate hazardous or municipal waste are excluded from the scope of the directive, including those which do not have the incineration of that waste as their sole purpose, provided that they are used for the incineration of other waste only marginally.
ELI: http://data.europa.eu/eli/C/2026/1133/oj
ISSN 1977-091X (electronic edition)