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Case C-147/15: Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Città Metropolitana di Bari, formerly Provincia di Bari v Edilizia Mastrodonato Srl (Reference for a preliminary ruling — Protection of the environment — Waste management — Directive 2006/21/EC — Article 10(2) — Backfilling of excavation voids using waste other than extractive waste — Landfill or recovery of such waste)
ECLI:EU:UNKNOWN:62015CA0147
62015CA0147
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26.9.2016
Official Journal of the European Union
C 350/7
(Case C-147/15)(1)
((Reference for a preliminary ruling - Protection of the environment - Waste management - Directive 2006/21/EC - Article 10(2) - Backfilling of excavation voids using waste other than extractive waste - Landfill or recovery of such waste))
(2016/C 350/08)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Città Metropolitana di Bari, formerly Provincia di Bari
Defendant: Edilizia Mastrodonato Srl
Operative part of the judgment
Article 10(2) of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC must be interpreted as not having the effect of making an operation entailing the backfilling of a quarry using waste other than extractive waste subject to the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, where that operation amounts to a recovery of waste, which is a matter to be determined by the national court.
*
Language of the case: Italian.
(1) OJ C 205, 22.6.2015.