Opinion of the Advocate General — ECLI:EU:C:2004:758
Date: 2004-11-30
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Environment – Waste – Directive 1999/31 – Landfill of waste – Domestic legislation laying down more stringent rules – Whether compatible (Art. 176 EC; Council Directive 1999/31, Art. 5(1) and (2)) 2. Environment – More stringent protective measures – Whether compatible with the Treaty – Condition – Observance of the principle of proportionality – Excluded (Art. 176 EC; Council Directive 1999/31) 1. It is not contrary to Article 5(1) and (2) of Directive 1999/31 on the landfill of waste that a measure of domestic law should: - fix limits in respect of the acceptance of biodegradable waste for landfill lower than those fixed by the directive, even if those limits are so low that they call for treatment by mechanical and biological processes or the incineration of such waste before it is landfilled, - fix earlier time-limits than those under the directive in order to reduce the amount of waste going to landfill, - apply not only to biodegradable waste but also to non-biodegradable organic substances, and - apply not only to municipal waste but also to waste that may be disposed of as municipal waste. (see paras 43-44, 49, 52, 55-56, operative part 1) 2. In connection with the Community’s environmental policy, to the extent that a measure of domestic law pursues the same objectives as a directive, Article 176 EC makes provision for and authorises the minimum requirements laid down by that directive to be exceeded, in the conditions set by that article. As a result, the Community-law principle of proportionality is not applicable so far as concerns more stringent protective measures of domestic law adopted by virtue of Article 176 EC and going beyond the minimum requirements laid down by a Community directive in the sphere of the environment, inasmuch as other provisions of the Treaty are not involved. (see paras 58, 64, operative part 2)