CELEX: C2005/205/20
Language: en
Date: 2005-08-20 00:00:00
Title: 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

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
   (Case C-252/05)
   (2005/C 205/20)
   Language of the case: English
   Reference has been made to the Court of Justice of the European Communities by order of the High Court of Justice (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 75/442/EEC (2) (as amended by Directive 91/156/EEC (3)) (‘the Waste Framework Directive’ hereinafter, the ‘WFD’).
            
         
               2.
            
            
               If the answer to (1) is in the affirmative, whether the aforesaid 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 particular, by virtue of the UWWTD and/or the WIA 1991; or,
                        
                     
                           (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 Directive 75/442/EEC on waste, OJ L 78, 26.03.1991, p. 32.