Keywords
Summary

Keywords

1. Preliminary rulings - Jurisdiction of the Court - Limits - Manifestly irrelevant question - Jurisdiction of national courts - Establishment and evaluation of the facts - Application of provisions interpreted by the Court

(EC Treaty, Art. 177 (now Art. 234 EC))

2. Environment - Elimination of waste - Directive 91/689 - Hazardous waste - Definition - Waste featuring on the list drawn up in accordance with the procedure laid down by Article 18 of Directive 75/442 - Waste classified as hazardous by a Member State - Scope of the classification - Obligation to notify the Commission

(Council Directives 75/442, Art. 18, and 91/689, Art. 1(4) and Annex III)

3. Environment - Elimination of waste - Directive 91/689 - Hazardous waste - Definition - Member State's classification as hazardous waste other than that featuring on the list laid down by Decision 94/904 - Whether permissible - Obligation to notify the Commission

(Council Directive 91/689, Art. 1(4); Council Decision 94/904)

4. Environment - Elimination of waste - Directive 91/689 - Hazardous waste - List of hazardous waste laid down by Decision 94/904 - Need to determine origin of waste to classify it as dangerous in a particular case - None

(Council Directive 91/689, Art. 1(4), and Annex III; Council Decision 94/904)

Summary

1. Under the procedure provided for in Article 177 of the Treaty (now Article 234 EC), it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court. Dismissal of a request from a national court is possible only where it is clear that the interpretation of Community law or the consideration of the validity of a Community rule requested by that court has no bearing on the real situation or on the subject-matter of the case in the main proceedings.

Nonetheless, in the context of that procedure which is based on a clear separation of the functions between the national courts and the Court of Justice, any assessment of the facts is a matter for the national court. Accordingly the Court has no jurisdiction to give a ruling on the facts in an individual case or to apply the rules of Community law which it has interpreted to national measures or situations since those questions fall within the exclusive jurisdiction of the national courts.

( see para 27, 31-32 )

2. The term hazardous waste in Article 1(4) of Directive 91/689 must be considered to mean the waste featuring in the list drawn up in accordance with the procedure laid down by Article 18 of Directive 75/442, and any other waste which is considered by a Member State to display any of the properties listed in Annex III to Directive 91/689.

Such waste is considered hazardous only in the territory of the Member States which have adopted such a classification. In that event, the Member States are bound to notify such cases to the Commission for review in accordance with the procedure laid down in Article 18 of Directive 75/442, with a view to adaptation of the list of hazardous waste.

( see paras 45, 48-49 )

3. Directive 91/689 on hazardous waste does not prevent the Member States, including, for matters within their jurisdiction, the courts, from classifying as hazardous waste other than that featuring on the list of hazardous waste laid down by Council Decision 94/904 establishing a list of hazardous waste pursuant to Article 1(4) of the directive, and thus from adopting more stringent protective measures in order to prohibit the abandonment, dumping or uncontrolled disposal of such waste. If they do so, it is for the authorities of the Member State concerned which have competence under national law to notify the Commission of such cases in accordance with the second indent of Article 1(4) of Directive 91/689.

( see para 51, operative part 1 )

4. Article 1(4) of Directive 91/689 on hazardous waste and Decision 94/904 establishing a list of hazardous waste pursuant to that provision must be interpreted as meaning that it is not a necessary precondition for waste to be classified, in a specific case, as hazardous, that its origin be determined.

It is clear on the wording alone of that provision that the decisive criterion, as regards the definition of hazardous waste, is whether the waste displays one or more of the properties listed in Annex III to that directive. Although the basis for inclusion in the list of hazardous waste is indeed the origin of the waste, that origin is not the only criterion for classifying it as hazardous but constitutes one of the factors which the list of hazardous waste merely takes into account.

( see paras 56-57, operative part 2 )