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Case C-166/23, Nouryon Functional Chemicals: Judgment of the Court (Ninth Chamber) of 6 June 2024 (request for a preliminary ruling from the Svea hovrätt, Mark- och miljööverdomstolen – Sweden) – Naturvårdsverket v Nouryon Functional Chemicals AB (Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Annex I, point 5 – Atmospheric pollution – Scheme for greenhouse gas emission allowance trading – Exclusion of units for the incineration of hazardous or municipal waste – Relevance of the purpose of incineration)
ECLI:EU:UNKNOWN:62023CA0166
62023CA0166
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Official Journal of the European Union
C series
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C/2024/4436
22.7.2024
(Case C-166/23,
Nouryon Functional Chemicals)
(Reference for a preliminary ruling - Environment - Directive 2003/87/EC - Annex I, point 5 - Atmospheric pollution - Scheme for greenhouse gas emission allowance trading - Exclusion of units for the incineration of hazardous or municipal waste - Relevance of the purpose of incineration)
(C/2024/4436)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Naturvårdsverket
Defendant: Nouryon Functional Chemicals AB
Operative part of the judgment
Point 5 of Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018
must be interpreted as meaning that all units for the incineration of hazardous or municipal waste are excluded from the scope of application of that directive, as amended, including those which are integrated within an installation falling within that scope and which do not have the incineration of that waste as their sole purpose, provided that they are used for the incineration of other waste only marginally.
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ELI: http://data.europa.eu/eli/C/2024/4436/oj
ISSN 1977-091X (electronic edition)
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