The Van der Walle Case on Waste - A New Contaminated Land Liability?
Article from: OGEL 5 (2004), in Environment
Introduction
For some time industry and some environment lawyers have been expressing concern about the breadth of application being given to the EU Framework Directive on Waste 75/442/EEC (as amended). The concern is that waste law is being applied so broadly that it is covering issues originally intended to be dealt with by other legal regimes. On 7th September 2004 in case C-1/03 (Van der Walle and others) the European Court of Justice ("ECJ") for the first time applied the Framework Directive in the area of contaminated land. The case involved petrol leaking from underground storage ...