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Case C-212/18: Judgment of the Court (Second Chamber) of 24 October 2019 (Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte — Italy) — Prato Nevoso Termo Energy Srl v Provincia di Cuneo, ARPA Piemonte (Reference for a preliminary ruling — Environment — Directive 2008/98/EC — Waste — Used vegetable oils having undergone chemical treatment — Article 6(1) and (4) — End-of-waste status — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Article 13 — National authorisation, certification and licensing procedures that are applied to plants for the production of electricity, heating or cooling from renewable energy sources — Use of a bioliquid as a power source for an electric power plant)
ECLI:EU:UNKNOWN:62018CA0212
62018CA0212
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Valentina R., lawyer
23.12.2019
Official Journal of the European Union
C 432/7
(Case C-212/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Environment - Directive 2008/98/EC - Waste - Used vegetable oils having undergone chemical treatment - Article 6(1) and (4) - End-of-waste status - Directive 2009/28/EC - Promotion of the use of energy from renewable sources - Article 13 - National authorisation, certification and licensing procedures that are applied to plants for the production of electricity, heating or cooling from renewable energy sources - Use of a bioliquid as a power source for an electric power plant)
(2019/C 432/07)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Prato Nevoso Termo Energy Srl
Defendants: Provincia di Cuneo, ARPA Piemonte
Intervening party: Comune di Frabosa Sottana
Operative part of the judgment
Article 6(1) and (4) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives and Article 13(1) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, as amended by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015, read together, must be interpreted as not precluding national legislation under which an application for authorisation to replace methane, as a power source for an electric power plant producing atmospheric emissions, with a substance derived from the chemical treatment of used vegetable oils, must be refused, on the ground that that substance is not included in the list of categories of biomass fuels authorised for that purpose and that that list may be amended only by an internal act of general application, the adoption procedure of which is not coordinated with the administrative procedure for authorising the use of such a substance as fuel, if the Member State could consider, without making a manifest error of assessment, that it has not been demonstrated that the use of that vegetable oil, in such circumstances, satisfies the conditions laid down in Article 6(1) of Directive 2008/98 and, in particular, is devoid of any possible adverse impact on the environment and human health. It falls to the national court to ascertain whether that is the case in the main proceedings.
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Language of the case: Italian
(1) OJ C 240, 9.7.2018.
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