Legal tussle over EC environment rules continues

The legal contest between the European Commission and the Council of Ministers over the appropriate legal base of EC environmental legislation has continued with a case brought by the Commission on the new Directive on hazardous waste. But a victory for the Commission may not have the positive consequences which it is seeking.

The new case is the third in which the Commission has asked the European Court of Justice to rule that Environment Ministers were wrong to base an environmental Directive on Article 130 of the EC Treaty.

The Court has already issued a judgement in the first case, which concerned the 1989 Directive on waste from the titanium dioxide industry. It concluded that the Council had been wrong to insist on the "environmental" Article 130, and hel

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