Source: All England Reporter
Publisher Citation: [2007] All ER (D) 372 (Jun)
Neutral Citation: [2007] EWCA Civ 611
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Carnwath and Maurice Kay LJJ

Representation Robert McCracken QC and Stephen Tromans (instructed by Sharpe Pritchard and Semple Fraser LLP, Glasgow) for the claimant.
  John Howell QC and Dinah Rose QC (instructed by the Solicitor to the Environment Agency) for the agency.
  Derrick Wyatt QC and Kassie Smith (instructed by the Solicitor to DEFRA) for the intervener.
Judgment Dates: 28 June 2007

Catchwords

European Community - Environment - Waste - Claimant in business of reprocessing oil - Introduction of European Directive on waste processes affecting claimant's business - Claimant producing different oil known as 'clean fuel oil' - Whether clean fuel oil waste for purposes of directive - Council Directive (EC) 2006/12.

The Case

European Community Environment. In the instant case, the claimant company which was in the business of converting lubricating waste oil to marketable fuel oil was not caught by the waste process requirements of Council Directive (EC) 2006-12, the Waste Framework Directive, by reason of its 'end of waste test' which in the circumstances had been correctly formulated.

Practice Areas

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