Source: All England Reporter
Publisher Citation: [2003] All ER (D) 405 (Feb)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

Judges Edward (acting for the President of the Chamber), La Pergola, Jann, von Bahr and Rosas (Rapporteur).

Judgment Dates: 27 February 2003

Catchwords

European communities - Customs union and free movement of goods - Direct effect of Community law - Incompatible national law - Incompatibility of imposed obligation with Community law - EC Treaty arts, 23, 25 - EC Regulation No 259/93.

The Case

The Court of Justice of the European Communities decided that by subjecting shipments of waste to other member states to a mandatory contribution to the solidarity fund for the return of waste established by the Waste Shipment Act 1994, the Federal Republic of Germany had failed to fulfil its obligations under arts 23 and 25 of the EC Treaty.

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