2 . APPROXIMATION OF LAWS — DISPOSAL OF WASTE OILS — DIRECTIVE NO 75/439 — NATIONAL LEGISLATION ON BURNING — COMPATIBILITY — CRITERIA
( COUNCIL DIRECTIVE NO 75/439 )
SUMMARY
1. The measures prescribed by Directive no 75/439 on the disposal of waste oils do not create barriers to intra-Community trade and such measures, in particular the requirement that permits must be obtained in advance, may have a restrictive effect on freedom of trade and of competition, they must nevertheless neither be discriminatory nor go beyond the inevitable restrictions which are justified by the pursuit of the objective of environmental protection, which is in the general interest.
2. inasmuch as Member States are obliged to prohibit any form of waste-oil disposal which might harm the environment, national legislation prohibiting the burning of waste oils otherwise than in special plants and by approved operators is not incompatible with Directive no 75/439.
ISSUE 1
In case 240/83
Reference to the court under Article 177 of the EEC Treaty by the tribunal de grande instance (regional court), creteil, for a preliminary ruling in the proceedings pending before that court between
Procureur de la republique (public prosecutor)
And
Association de defense des bruleurs d ‘ huiles usagees
ISSUE 2
On the interpretation and the validity of Council Directive no 75/439/EEC of 16 June 1975 on the disposal of waste oils (Official Journal 1975 l 194, p. 23),
GROUNDS
1 by judgment of 23 March 1983, which was received at the court on 24 October 1983, the tribunal de grande instance (regional court), creteil, referred to the court for a preliminary ruling under Article 177 of the EEC Treaty two questions on the interpretation and validity of Council Directive no 75/439/EEC of 16 June 1975 on the disposal of waste oils (Official Journal 1975 l 194, p. 23), in order to ascertain whether french decree no 79-981 of 21 November 1979 laying down rules for the recovery of waste oil (journal officiel de la republique francaise of 23 November 1979, p. 2900) and its implementing orders were compatible with Community legislation inasmuch as they contained provisions prohibiting the use of such oils as fuel.
2 On the basis of those french provisions the procureur de la republique (public prosecutor) applied to the tribunal de grande instance, creteil, for the dissolution of the association de defense des bruleurs d ‘ huiles usagees (association for
:
: