EEL News Service 2008/11, 5 June 2008

Added to Case Law, ECJ
C-308/06 The International Association of Independent Tanker Owners and Others
ECJ 03-06-2008
This ruling concerns a preliminary reference from the High Court of Justice of England and Wales, about Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements. In the view of the referring Court two provisions of the Directive did not comply with Member States obligations under the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) and under the United Nations Convention on the Law of the Sea (UNCLOS). In particular, the national Court inquired about provisions of the Directive having the effect of limiting a number of exceptions and imposing criminal penalties in additional situations. The ECJ concluded that the validity of the Directive cannot be assessed in the light of these international conventions.
Sector: Water

C-251/07, Gävle Kraftvärme
ECJ 22-05-2008, not yet reported
This case concerns Directive 2000/76 on the incineration of waste, notably the question whether a boiler burning exclusively domestic and commercial waste could be regarded as an incineration or a co incineration plant. The distinction is significant under the Directive: apart from the different rules governing the two, the latter category can be considered as a contribution to the EU targets on waste recovery. The Advocate General’s opinion does not decide the question but does point out that: objective elements are needed to be taken into account to determine whether the main purpose of the plant is to incinerate waste or to produce energy: technical features, revenues, whether the burning of waste is intended as a cheaper alternative to burning fuels. The AG also noted that parts of the boiler could be assessed separately and could fall under different categories.
Sector: Waste

C-76/08 R, Commission vs. Malta
ECJ 24-04-2008, not yet reported
Malta was ordered to refrain from adopting any measures applying the derogation in Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wi