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Case C-624/17: Judgment of the Court (Second Chamber) of 4 July 2019 (request for a preliminary ruling from the Gerechtshof Den Haag — Netherlands) — Criminal proceedings against Tronex BV (Reference for a preliminary ruling — Environment — Waste — Shipments — Regulation (EC) No 1013/2006 — Article 2(1) — Directive 2008/98/EC — Article 3(1) — Concepts of ‘shipment of waste’ and ‘waste’ — Consignment of goods initially intended for retail sale, returned by consumers or become redundant in the seller’s product range)
ECLI:EU:UNKNOWN:62017CA0624
62017CA0624
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Official Journal of the European Union
C 305/5
(Case C-624/17)
(Reference for a preliminary ruling - Environment - Waste - Shipments - Regulation (EC) No 1013/2006 - Article 2(1) - Directive 2008/98/EC - Article 3(1) - Concepts of ‘shipment of waste’ and ‘waste’ - Consignment of goods initially intended for retail sale, returned by consumers or become redundant in the seller’s product range)
(2019/C 305/06)
Language of the case: Dutch
Referring court
Party in the main proceedings
Operative part of the judgment
The shipment to a third country of a consignment of electrical and electronic appliances, such as those at issue in the main proceedings, which had been initially intended for retail sale but which were returned by the consumer or which, for various reasons, were sent back by the retailer to its supplier, is to be regarded as a ‘shipment of waste’ within the meaning of Article 1(1) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, read in conjunction with Article 2(1) thereof, and Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, where that consignment contains appliances the good working condition of which has not been previously ascertained or which are not adequately protected from transport damage. Such goods which have become redundant in the seller’s product range and which are in their unopened original packaging, on the other hand, must not, without indications to the contrary, be regarded as waste.
OJ C 32, 29.1.2018.