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Case C-104/17: Judgment of the Court (Ninth Chamber) of 15 March 2018 (request for a preliminary ruling from the Curtea de Apel Piteşti — Romania) — SC Cali Esprou SRL v Administraţia Fondului pentru Mediu (Reference for a preliminary ruling — Directive 94/62/EC — Packaging and packaging waste — Recovery and recycling of waste — National environmental fund contribution — National marketing of packaged products and their packaging, without alteration — ‘Polluter-pays’ principle — Status of polluter)
ECLI:EU:UNKNOWN:62017CA0104
62017CA0104
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14.5.2018
Official Journal of the European Union
C 166/16
(Case C-104/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Directive 94/62/EC - Packaging and packaging waste - Recovery and recycling of waste - National environmental fund contribution - National marketing of packaged products and their packaging, without alteration - ‘Polluter-pays’ principle - Status of polluter)
(2018/C 166/20)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: SC Cali Esprou SRL
Defendant: Administraţia Fondului pentru Mediu
Operative part of the judgment
Article 15 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste and the ‘polluter-pays’ principle which it implements do not preclude national legislation, such as that at issue in the main proceedings, which imposes a contribution on an economic operator which does not make any alteration to the packaging which it places on the market, calculated on the basis of the difference in weight between, on the one hand, the quantity of packaging waste corresponding to the minimum targets for energy recovery and recovery by recycling and the quantity of packaging waste actually recovered or recycled.
(<span class="note">1</span>) OJ C 168, 29.5.2017.