Reference for a preliminary ruling by the Conseil d'Etat (Belgium), XIIIth Chamber, by judgment of that court of 29 April 2004 in the case Inter-Environnement Wallonnie against Région wallonne

(Case C-208/04)

(2004/C 179/14)

A reference has been made to the Court of Justice of the European Communities by judgment of the Conseil d'Etat (Belgium), XIIIth Chamber, of 29 April 2004, received at the Court Registry on 11 May 2004, for a preliminary ruling in the case Inter-Environnement Wallonnie against Région wallonne on the following question:

‘Is Article 1(a) of Directive 75/442/EEC of 15 July 1975 (1), as amended by Directive 91/156/EEC of 18 March 1991 (2), to be construed as allowing Member States to create, by means of a legal rule, a category of materials which do not come either under the category of waste or that of products but may none the less either meet the definition of waste set out in Article 1(a) or contain substances or objects which meet that definition of waste?’

(1)  Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194 of 25.07.1975, p. 39).

(2)  Council Directive 91/156/EEC of 18 March 1991, amending Directive 75/442/EEC on waste (OJ L 78 of 26.03.1991, p. 32).