# C_2005006EN.01001002.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/10 |
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8.1.2005

EN

Official Journal of the European Union

C 6/10

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 11 November 2004

in Case C-457/02: criminal proceedings against Antonio Niselli (1)

1

(Directives 75/442/EEC and 91/156/EEC - Definition of ‘waste’ - Reusable production or consumption residues - Scrap metal)

(2005/C 6/17)

Language of the case: Italian

In Case C-457/02: reference for a preliminary ruling under Article 234 EC from the Tribunale di Terni (Italy), made by order of 20 November 2002, received at the Court on 18 December 2002, in the criminal proceedings against Antonio Niselli — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann and J.-P. Puissochet (Rapporteur), Judges; J. Kokott, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 11 November 2004, in which it has ruled:

| 1. | The definition of ‘waste’ in the first subparagraph of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 and by Commission Decision 96/350/EC of 24 May 1996, cannot be construed as covering exclusively substances or objects intended for, or subjected to, the disposal or recovery operations mentioned in Annexes II A and II B to that directive or in the equivalent lists, or to which their holder intends or is required to subject them. |
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1.

The definition of ‘waste’ in the first subparagraph of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 and by Commission Decision 96/350/EC of 24 May 1996, cannot be construed as covering exclusively substances or objects intended for, or subjected to, the disposal or recovery operations mentioned in Annexes II A and II B to that directive or in the equivalent lists, or to which their holder intends or is required to subject them.

| 2. | The meaning of ‘waste’ for the purposes of the first subparagraph of Article 1(a) of Directive 75/442, as amended by Directive 91/156 and by Decision 96/350, is not to be interpreted as excluding all production or consumption residues which can be or are reused in a cycle of production or consumption, either without prior treatment and without harm to the environment, or after undergoing prior treatment without, however, requiring a recovery operation within the meaning of Annex II B to that directive. |
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2.

The meaning of ‘waste’ for the purposes of the first subparagraph of Article 1(a) of Directive 75/442, as amended by Directive 91/156 and by Decision 96/350, is not to be interpreted as excluding all production or consumption residues which can be or are reused in a cycle of production or consumption, either without prior treatment and without harm to the environment, or after undergoing prior treatment without, however, requiring a recovery operation within the meaning of Annex II B to that directive.

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(1)   OJ C 31 of 8.2.2003.

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