In a judgment dated 23 October, the European Court of Justice (ECJ) answered questions relating to the take-back and subsequent management of waste that had been illegally transported across borders. The ECJ considered, in particular, whether the competent authority in the country of dispatch has "ultimate power of disposal over the waste" after repatriation and may decide on the treatment or disposal of the waste, even if the original sender wishes to have the material returned, and whether such action violates the shipper’s fundamental right to property.
The ECJ judgment is a preliminary ruling requested by a Swedish court in connection with two similar proceedings . In those cases, two separate Swedish senders had shipped containers, which were stopped in Belgium and Germany, respectively. The consignments contained items such as vehicles, tyres, electronic equipment, furniture, clothing and toys....
