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Annulment of shipments of waste Directive considered

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The European Court of Justice has heard the case for the annulment of Regulation (EC) No 1013 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1). The Commission submitted that its choice of a double legal basis for the Regulation was based on the appreciation that the Regulation includes, bothas regards the aims pursued and its contents, two linked components, neither of which can be regarded as secondary or indirect as compared with the other. One falls within the scope of the common commercial policy and the other within that of protection of the environment. The Commission argued that by basing the Regulation solely on article 175(1) EC and deleting article 133 EC as its second legal basis, the European arliament and the Council have acted in infringement of the Treaty. It claimed that in accordance with article 231(1) EC, the annulment of the Regulation constitutes the appropriate remedy for this infringement. On 26 March 09, Advocate General Poiraes Maduro delivered its opinion on the case. He proposes that the Court should dismiss the action for annulment brought by the Commission (See October 2006 Eurobrief).

If the ECJ ruling follows this opinion, the version adopted by the European Parliament and the Council will be maintained, ie ARt 175/(1) of the Treaty as the only legal basis.

The Regulation can be found here:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:190:0001:0098:EN:PDF