European Court rulings on the use of waste as fuel

Case law of the European Court of Justice concerning waste continues apace. Three new decisions have clarified the principles to be applied in determining whether waste used as a fuel in cement kilns or municipal incinerators producing energy is to be treated in law as waste sent for disposal or for recovery. The distinction is critical when it comes to controls over transfrontier shipments of waste, since the powers available to countries of dispatch or destination to regulate movements are much greater where disposal is involved.

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