Judgment of the Court (Fifth Chamber) of 12 December 2013 (request for a preliminary ruling from the Tartu Ringkonnakohus - Estonia) – Ragn-Sells AS v Sillamäe Linnavalitsus
(Case C-292/12) 1
(References for a preliminary ruling – Directive 2008/98/EC – Waste management – Article 16(3) – Principle of proximity – Regulation (EC) No 1013/2006 – Shipment of waste – Mixed municipal waste – Industrial waste and construction waste − Procedure for awarding a service concession for the collection and transport of waste produced on the territory of a municipality – Obligation for the future concessionaire to transport waste collected in the treatment facilities designated by the concession-granting authority – Nearest appropriate treatment facilities)
Language of the case: Estonian
Referring court
Tartu ringkonnakohus
Parties to the main proceedings
Applicant: Ragn-Sells AS
Defendant: Sillamäe Linnavalitsus
Re:
Request for a preliminary ruling – Tartu Ringkonnakohus – Interpretation of Articles 102 TFEU and 106(1) TFEU and Article 16(3) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives (OJ 2008 L 312, p. 3) – Award procedure for public contracts for the organised transport of municipal waste – Condition in the contract documents that the future concessionaire must transport the waste solely to two specified waste management centres operating in the municipality in question despite the presence in the market of other service providers fulfilling the requirements – Exclusive right to treat municipal waste – Abuse of dominant position.
Operative part of the judgment
The provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, read in conjunction with Article 16 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, must be interpreted as:
– permitting a local authority to require the undertaking responsible for the collection of waste on its territory to transport mixed municipal waste collected from private households and, as applicable, from other producers, to the nearest appropriate treatment facility established in the same Member State as that authority;
– not permitting a local authority to require the undertaking responsible for the collection of waste on its territory to transport industrial and building waste produced on its territory to the nearest appropriate treatment facility established in the same Member State as that authority, where that waste is intended for recovery, it the producers of that waste are themselves required to deliver the waste either to that undertaking or directly to that facility.
Articles 49 TFEU and 56 TFEU do not apply to a situation such as that in the main proceedings, which is confined in all respects within a single Member State.
____________1 OJ C 243, 11.8.2012.