Case C-252/05: Reference for a preliminary ruling from the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court), Divisional Court, by order of that court of 20 May 2005 in The Queen on the application of Thames Water Utilities Ltd v South East London Division, Bromley Magistrates' Court, Intervener: The Environment Agency
Date: 2005-08-20
Institutions: Court of Justice
Subjects: interpretation of the law, urban area, waste management, wastewater, water treatment

20.8.2005

EN

Official Journal of the European Union

C 205/11

Reference for a preliminary ruling from the High Court of
Justice (England and Wales), Queen's Bench Division
(Administrative Court), Divisional Court, by order of that
court of 20 May 2005 in The Queen on the application of
Thames Water Utilities Ltd v South East London Division,
Bromley Magistrates' Court, Intervener: The Environment
Agency

(b) comes within article 2(2) of the WFD and is excluded
from the scope of ‘directive waste’ under the WFD, in
particular, by virtue of the UWWTD.

(1) Council Directive 91/271/EEC of 21 May 1991 concerning urban

waste-water treatment, OJ L 135, 30.05.1991, p. 40.

(2) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194,

25.07.1975, p. 39.

(3) Council Directive 91/156/EEC of 18 March 1991 amending Direc-

tive 75/442/EEC on waste, OJ L 78, 26.03.1991, p. 32.

(Case C-252/05)

(2005/C 205/20)

Action brought on 16 June 2005 by the Commission of
the Kingdom of
the European Communities against

(Language of the case: English)

Belgium

(Case C-254/05)

(2005/C 205/21)

(Language of the case: French)

the High Court of

Reference has been made to the Court of Justice of the Euro-
Justice
pean Communities by order of
(England and Wales), Queen's Bench Division (Administrative
Court), Divisional Court, of 20 May 2005, received at the
Court Registry on 15 June 2005, for a preliminary ruling in
the proceedings between The Queen on the application of
Thames Water Utilities Ltd and South East London Division,
Bromley Magistrates' Court, Intervener: Environment Agency,
on the following question:

1. Whether sewage which escapes from a sewerage network
maintained by a statutory sewerage undertaker pursuant to
the Urban Waste Water Treatment Directive 91/271/EEC (1)
(‘UWWTD’) and/or the Water Industry Act 1991 (‘WIA
1991’), amounts to ‘directive waste’ for the purposes of the
Directive
by Directive
(as
amended
91/156/EEC (3))
(‘the Waste Framework Directive’ herein-
after, the ‘WFD’).

75/442/EEC (2)

2. If the answer to (1) is in the affirmative, whether the afore-

said sewage:

(a) is excluded from the scope of ‘directive waste’ under the
WFD by virtue of article 2(1)(b)(iv) of the WFD, in par-
ticular, by virtue of the UWWTD and/or the WIA 1991;
or,

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 16 June
2005 by the Commission of the European Communities, repre-
sented by Bruno Stromsky, acting as Agent, with an address for
service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by requiring automatic fire detection systems
with point detectors lawfully manufactured or marketed in
another Member State which do not have the ‘EC’ mark:

— to comply with Belgian standard NBN S21-100;

— to be subject to type approval, in this case by BOSEC,
an obstacle made worse by the disproportionate costs
which that approval incurs;

— to undergo tests and checks in connection with that
type approval which, essentially, duplicate the controls
which have already been carried out under other proce-
dures in another Member State,

the Kingdom of Belgium has failed to fulfil its obligations
under Article 28 EC;

2. order the Kingdom of Belgium to pay the costs.