Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/26/2015

Subject: The Court affirmed that the shipment of waste in the country of transit at a different border crossing point than that which is provided in the notification document and which the competent authorities consented to, must be considered to be an essential change made to the details and/or conditions of the shipment which received consent, so that the fact of not having informed the competent authorities of that change results in the shipment of waste being illegal. The imposition of a fine penalising the illegal shipment of waste of which the basic amount is the same as the fine imposed for a breach of the requirement to obtain consent and to give prior notification in writing, is to be considered to be proportionate only if the circumstances of the infringement make it possible to find that they involve equally serious infringements. It is for the national court to determine, by taking into account all the factual and legal circumstances of the case before it, and, in particular, the risks which may be created by that infringement in the field of the protection of the environment and human health, whether the amount of the penalty does not go beyond what is necessary to attain the objectives of ensuring a high level of protection of the environment and human health

Parties: Total Waste Recycling

Classification: Solidarity - Art. 35 Preventive health care - Art. 37 Environmental protection

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