Re Verlezza and others; Re Carmelina Scaglione; Re MAD Srl

European Union – Environment. Annex III to Directive (EC) 2008/98, as amended, had to be interpreted to the effect that a holder of waste which could be classified under either hazardous waste codes or non-hazardous waste codes, but the composition of which was not immediately known, should, in view of that classification, determine that composition and ascertain the hazardous substances which might reasonably be found in that waste in order to establish whether that waste had hazardous properties and could, for that purpose, use the sampling, chemical analyses and tests provided for in Commission Regulation (EC) No 440/2008, or any other internationally recognised sampling, chemical analysis or test. The Court of Justice of the European Union so held in a preliminary ruling in criminal proceedings against the defendants concerning, among other things, illegal waste trafficking.

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