State fund for waste exports held illegal under EU law

The European Court of Justice has held that a government scheme funded by charges on waste exporters and intended to finance the safe disposal of waste is contrary to provisions of the EU Treaty prohibiting the imposition of customs duties. There has been much case law concerning possible conflicts between national waste laws and Treaty provisions concerning the free movement of goods, but this appears to the first environmental case where the provisions on customs duties have come into play.

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