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Case C-209/09: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 10 June 2009 — Lahti Energia Oy

ECLI:EU:UNKNOWN:62009CN0209

62009CN0209

January 1, 2009
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15.8.2009

Official Journal of the European Union

C 193/12

(Case C-209/09)

2009/C 193/16

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicant: Lahti Energia Oy

Other parties to the proceedings: Lahden seudun ympäristölautakunta, Hämeen ympäristökeskus and Salpausselän luonnonystävät ry.

Questions referred

1.Is combustion as an additional fuel in the boiler of a power plant of gas generated in a gas plant to be regarded as an operation within the meaning of Article 3 of Directive 2000/76/EC, (1) if the gas conducted for combustion is not purified after the gasification process?

2.If the reply to the first question is basically in the negative, does the quality of the waste for incineration, or the particle content of the gas conducted for incineration, or the content of other impurities in it have any bearing on the matter when making an assessment?

(1) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste, OJ 2000 L 332, p. 91.

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