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Case C-315/20: Judgment of the Court (Eighth Chamber) of 11 November 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Regione Veneto v Plan Eco Srl (Reference for a preliminary ruling — Environment — Regulation (EC) No 1013/2006 — Shipments of waste — Article 3(5) and Article 11(1)(i) — Directive 2008/98/EC — Waste management — Article 16 — Principles of self-sufficiency and proximity — Decision 2000/532/EC — European Waste Catalogue (EWC) — Mixed municipal waste subject to mechanical treatment which does not alter its nature)
ECLI:EU:UNKNOWN:62020CA0315
62020CA0315
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Official Journal of the European Union
C 11/9
(Case C-315/20) (1)
(Reference for a preliminary ruling - Environment - Regulation (EC) No 1013/2006 - Shipments of waste - Article 3(5) and Article 11(1)(i) - Directive 2008/98/EC - Waste management - Article 16 - Principles of self-sufficiency and proximity - Decision 2000/532/EC - European Waste Catalogue (EWC) - Mixed municipal waste subject to mechanical treatment which does not alter its nature)
(2022/C 11/12)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Regione Veneto
Respondent: Plan Eco Srl
intervening parties: Futura Srl
Operative part of the judgment
Article 3(5) and Article 11 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste must be interpreted as meaning that, in the light of the principles of self-sufficiency and proximity, the competent authority of dispatch may, on the basis, inter alia, of the ground set out in Article 11(1)(i) of that regulation, object to a shipment of mixed municipal waste which, following mechanical treatment for the purpose of its energy recovery which has not however substantially altered its original properties, has been classified under code 19 12 12 of the list of wastes laid down in the Annex to Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by Commission Decision 2014/955/EU of 18 December 2014.
(1) OJ C 304, 14.9.2020.