Commission in court over shipments of waste Regulation

The European Court of Justice (ECJ) heard the European Commission present its case for the annulment of Regulation (EC) No 1013 on shipments of waste (OJ 2006 L 190, p. 1) this month. The Commission considers that by basing the Regulation solely on Article 175(1) EC and deleting Article 133 EC as its second legal basis, the European Parliament and the Council have acted in infringement of the Treaty. The Commission therefore wants the ECJ to declare that the effects of the annulled Regulation are “definitive pending the replacement of the Regulation within a reasonable period of time by an act adopted by the European Parliament and the Council on the correct legal basis of Articles 175(1) and 133 EC”.