Associazione Ambiente e Società (VAS) - Aps Onlus and another v Presidente del Consiglio dei Ministri and others

European Union – Environment. The 'waste hierarchy' principle, as expressed in art 4 of the Directive (EC) 2008/98, read in the light of art 13 thereof, should be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which classified waste incineration facilities as 'strategic infrastructure and installations of major national importance', as long as that legislation was compatible with the other provisions of that directive which laid down more specific obligations. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning an action seeking the annulment of an Italian Decree concerned, among other things, with the identification of the overall treatment capacity of facilities for the incineration of municipal and similar waste in service or authorised at national level.

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