# C_2009032EN.01000702.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/7 |
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7.2.2009

EN

Official Journal of the European Union

C 32/7

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Judgment of the Court (Second Chamber) of 11 December 2008 (reference for a preliminary ruling from the Tribunale di Ancona — Italy) — MI.VER Srl, Daniele Antonelli v Provincia di Macerata

(Case C-387/07) (1)

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(Waste - Concept of ‘temporary storage’ - Directive 75/442/EEC - Decision 2000/532/EC - Possibility of mixing together items of waste covered by different codes - Concept of ‘mixed packaging’)

(2009/C 32/12)

Language of the case: Italian

Referring court

Tribunale di Ancona

Parties to the main proceedings

Applicants: MI.VER Srl, Daniele Antonelli

Applicants:

Defendant: Provincia di Macerata

Defendant:

Re:

Reference for a preliminary ruling — Tribunale di Ancona — Interpretation of Council Directive 75/422/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39) and of Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ 2000 L 226, p. 3) — Notion of temporary deposit — Right of the producer to mix together items of waste covered by different codes in the European Waste Catalogue provided for in Decision 2000/532/EC

Operative part of the judgment

| 1. | Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, and Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste do not preclude a producer of waste mixing together items of waste covered by different codes in the list annexed to Decision 2000/532 during their temporary storage, pending collection, on the site where they are produced. However, the Member States are required to adopt measures requiring producers of waste to sort and store waste separately during its temporary storage, pending collection, on the site where it is produced, using, for that purpose, the codes from that list, if they consider such measures to be necessary to achieve the objectives laid down in the first paragraph of Article 4 of Directive 75/442/EEC, as amended by Regulation No 1882/2003. |
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1.

Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, and Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste do not preclude a producer of waste mixing together items of waste covered by different codes in the list annexed to Decision 2000/532 during their temporary storage, pending collection, on the site where they are produced. However, the Member States are required to adopt measures requiring producers of waste to sort and store waste separately during its temporary storage, pending collection, on the site where it is produced, using, for that purpose, the codes from that list, if they consider such measures to be necessary to achieve the objectives laid down in the first paragraph of Article 4 of Directive 75/442/EEC, as amended by Regulation No 1882/2003.

| 2. | Since the national rules repeat the list of waste annexed to Decision 2000/532, code 15 01 06 corresponding to ‘mixed packaging’ may be used to cover waste consisting of packaging of various materials grouped together. |
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2.

Since the national rules repeat the list of waste annexed to Decision 2000/532, code 15 01 06 corresponding to ‘mixed packaging’ may be used to cover waste consisting of packaging of various materials grouped together.

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(1)  OJ C 283, 24.11.2007.

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