Chapters

• Role of a National Judge and EU Waste Law
• Foreword
• List of Topics
• Role of the National Judge
• The National Judge is (almost always the one and only) Judge of the European Union!
• EU Judicial Order
• EU Judicial Order / Reflected in Article 174 TFEU
• EU Judicial Order / Cornerstone in Article 267 TFEU
• The dark and the bright side of the legal pyramid
• Toolbox of the National Judge
• EU Waste Law in its Policies
• Europe 2020 Strategy
• Waste Framework Directive aims to overcoming the traditional linear economy and to create a circular economy for the future
• General Legal Tool: Waste Hierarchy (Article 4 WFD)
• Judicial Control
• Waste, or non-waste, that is the question!
• How does a typical (small) case look like?
• The Judge and the Waste (1/3)
• The Judge and the Waste (2/3)
• The Judge and the Waste (3/3)
• Waste under the WFD
• Definition of Waste in Article 3 (1) WFD
• CJEU defining waste: „holder’s actions“ and „discard“
• CJEU defining waste: „discard“
• Legal Trap: “unexcavated contaminated soil”
• CJEU defining waste: „any use to its holder“?
• CJEU defining waste: „required to dispose“
• CJEU defining waste: „commercial value“
• Applying the WFD
• Applying the WFD (1/3)
• Applying the WFD (2/3)
• Real World of Statistics: Transposition deficit of MSs
• Applying the WFD (3/3)
• The Application of the Waste Framework Directive