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European Observer on fundamental right's respect

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Case Law C-358/11 (07/03/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/07/2013

Subject: The Court affirmed that European Union law does not, as a matter of principle, exclude the possibility that waste regarded as hazardous may cease to be waste within the meaning of Directive 2008/98/EC if a recovery operation enables it to be made usable without endangering human health and without harming the environment and, also, if it is not found that the holder of the object at issue discards it or intends or is required to discard it. Moreover the Court affirmed that wood treated with a ‘CCA’ (copper-chromium-arsenic) solution must not be used in any application where there is a risk of repeated skin contact. This prohibition must apply in any situation which, in all likelihood, will involve repeated skin contact with the treated wood, such likelihood having to be inferred from the specific conditions of normal use of the application to which that wood has been put.

Parties: Lapin elinkeino-, liikenne- ja ympäristökeskuksen liikenne ja infrastruktuuri –vastuualue

Classification: Solidarity - Art. 38 Consumer protection

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