17.4.2010

Official Journal of the European Union

C 100/9

(Case C-209/09) (<span class="super">1</span>)

(Directive 2000/76/EC - Incineration of waste - Incineration plant - Co-incineration plant - Complex comprising a gas plant and a power plant - Incineration in the power plant of non-purified gas produced from the thermal treatment of waste in the gas plant)

2010/C 100/12

Language of the case: Finnish

Referring court

Party to the main proceedings

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 3 of 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) — Complex consisting of a plant producing gas from waste and a power plant whose steam boiler burns the gas produced from the thermal treatment of waste in the gas plant — Combustion in the steam boiler of the power plant of non-purified instead of purified gas

Operative part of the judgment

A power plant which uses as an additional fuel, in substitution for fossil fuels used for the most part in its production activities, gas obtained in a gas plant following thermal treatment of waste is to be regarded, jointly with that gas plant, as a ‘co-incineration plant’ within the meaning of Article 3(5) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste when the gas in question has not been purified within the gas plant.

* Language of the case: Finnish.

OJ C 193, 15.8.2009.