Source: All England Reporter
Publisher Citation: [2006] All ER (D) 277 (Oct)
Neutral Citation: [2006] EWHC 2598 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

David Steel J

Representation Richard Drabble QC and Maurice Sheridan (instructed by Jones Day) for the claimant.
  Derrick Wyatt QC and Stephen Tromans (instructed by DLA Piper UK LLP) for the first defendant.
  David Hart QC (instructed by Eversheds) for the second defendant.
Judgment Dates: 24 October 2006

Catchwords

European Community - Environment - Waste - Landfill site - Requirement that waste be disposed of in landfill at full cost - Price for waste disposal set by contract pre-dating Landfill Directive - Claimant's permit including full cost requirement - Whether full cost requirement applying to contracts pre-dating Landfill Directive - Council Directive (EC) 1999/31, art 10.

The Case

Article10 of Council Directive (EC) 1999-31 (the Landfill Directive) imposed an obligation on member states to ensure that existing contracts (ie contracts entered into before the implementation date of the directive) were only performed at a price which met, as a minimum, the full cost within the meaning of that article. That meant that in the circumstances of the instant case, under a force majeure clause contained in a contract entered into in 1986, that contract was suspended on the assumption that the price which it set for disposing of waste in a landfill was below full cost.

Practice Areas

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