||All England Reporter
|| All ER (D) 277 (Oct)
|| EWHC 2598 (Comm)
||Queen's Bench Division (Commercial Court)
David Steel J
||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.
||24 October 2006
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.
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.
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