# C_2015026EN.01000901.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/9 |
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26.1.2015

EN

Official Journal of the European Union

C 26/9

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Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 4 November 2014 — SC Total Waste Recycling SRL v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség

(Case C-487/14)

(2015/C 026/11)

Language of the case: Hungarian

Referring court

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: SC Total Waste Recycling SRL

Applicant:

Defendant: Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség

Defendant:

Questions referred

Questions referred

| 1) | Should the shipment of waste ‘in a way which is not specified materially in the notification or movement documents’, within the meaning of Article 2(35)(d) of Regulation (EC) No 1013/2006 (1), be understood to refer to the modes of transport stipulated in Annexes IA and IB to Regulation (EC) No 1013/2006 (road, train/rail, sea, air, inland waterway)? |
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1)

Should the shipment of waste ‘in a way which is not specified materially in the notification or movement documents’, within the meaning of Article 2(35)(d) of Regulation (EC) No 1013/2006 (1), be understood to refer to the modes of transport stipulated in Annexes IA and IB to Regulation (EC) No 1013/2006 (road, train/rail, sea, air, inland waterway)?

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| 2) | In the event of any essential change being made to the details and/or conditions of the consented shipment, within the meaning of Article 17(1) of Regulation (EC) No 1013/2006, does failure to notify the authority justify a finding that waste has been shipped ‘in a way which is not specified materially in the notification or movement documents’, within the meaning of Article 2(35)(d) of Regulation (EC) No 1013/2006, and hence shipped illegally? |
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2)

In the event of any essential change being made to the details and/or conditions of the consented shipment, within the meaning of Article 17(1) of Regulation (EC) No 1013/2006, does failure to notify the authority justify a finding that waste has been shipped ‘in a way which is not specified materially in the notification or movement documents’, within the meaning of Article 2(35)(d) of Regulation (EC) No 1013/2006, and hence shipped illegally?

| 3) | Should it be regarded as an essential change to the details and/or conditions of the consented consignment, within the meaning of Article 17(1) of Regulation (EC) No 1013/2006, if the waste consignment enters the notified country of transit at another, different border crossing point than that stated in the consent or the notification document? |
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3)

Should it be regarded as an essential change to the details and/or conditions of the consented consignment, within the meaning of Article 17(1) of Regulation (EC) No 1013/2006, if the waste consignment enters the notified country of transit at another, different border crossing point than that stated in the consent or the notification document?

| 4) | If a waste shipment is to be regarded as illegal because it enters the country of transit at a place which differs from that stated in the consent or the notification document, is it possible to regard the fine which has been imposed for that reason as proportionate if the amount is the same as the amount of the fine prescribed for a breach of the requirement to obtain consent and to give prior notification in writing? |
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4)

If a waste shipment is to be regarded as illegal because it enters the country of transit at a place which differs from that stated in the consent or the notification document, is it possible to regard the fine which has been imposed for that reason as proportionate if the amount is the same as the amount of the fine prescribed for a breach of the requirement to obtain consent and to give prior notification in writing?

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(1)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1).

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