The European Court of Justice (“ECJ”) gave judgment in Case C-176/05 KVZ retec GmbH v Austria. The case concerned (i) the meaning of “waste” under the Waste Shipment Regulation (Regulation 259/93) and the Waste Framework Directive (Directive 75/442); and (ii) the interrelationship of the waste legislation with the Animal By-Products Regulations (Regulation 1774/2002).
A shipment of meat and bone meal (“MBM”) was detained by Austrian customs authorities at the port of Vienna/Hainburg. MBM is one of the products resulting from the rendering process. Following the institution of proceedings in Austria the Vienna Regional Civil Court referred a number of questions to the ECJ.
The ECJ held that the MBM in issue was waste within the meaning of Regulation 259/93 and Directive 75/442 on account of there being a requirement or intention to discard it and that the MBM was not covered by the “animal carcasses” exception within the meaning of Art. 2(1)(b)(iii) of Directive 75/442. The ECJ also considered whether there was an obligation to provide notification of the shipment of MBM in accordance with the provisions of Regulation 259/93.
James Maurici appeared for the United Kingdom Government which was an intervener in the reference.