Judgment — ECLI:EU:C:2008:712
Date: 2008-12-11
Language of the case: Italian
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Concepts: Environment
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Environment – Disposal of waste – Directive 75/442 – Disposal and recovery of waste (Council Directive 75/442, as amended by Regulation No 1882/2003, Art. 4, first para.; Commission Decision 2000/532) 2. Environment – Disposal of waste – Directives 75/442 and 91/689 – Decision establishing a list of wastes (Council Directives 75/442, as amended by Regulation No 1882/2003, Art. 1(a)) and 91/689, Art. 1(4); Commission Decision 2000/532) 1. Directive 75/442 on waste, as amended by Regulation No 1882/2003, and Decision 2000/532 replacing Decision 94/3 establishing a list of wastes pursuant to Article 1(a) of Directive 75/442 on waste and Decision 94/904 establishing a list of hazardous waste pursuant to Article 1(4) of Directive 91/689 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, which provides that Member States are to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment. (see paras 24, 27, operative part 1) 2. Decision 2000/532 replacing Decision 94/3 establishing a list of wastes pursuant to Article 1(a) of Directive 75/442 on waste and Decision 94/904 establishing a list of hazardous waste pursuant to Article 1(4) of Directive 91/689 on hazardous waste does not contain any stipulation relating to the temporary storage of waste, pending collection, on the site where it is produced. It is merely designed to establish a waste nomenclature in accordance with Article 1(a) of Directive 75/442 and Article 1(4) of Directive 91/689 on hazardous waste and does not create any obligation. Nevertheless, 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. (see paras 29, 33, operative part 2)