Facts
- Wallonia, an area of Belgium, prohibited waste originating in another Member State from being stored, tipped or dumped in its locality
Issue
- Did this prohibition run contrary to Art 34 TFEU (prohibiting quantitative restrictions on imports from other Member States)?
Decision
- Yes
Reasoning
- Waste must be considered as “goods” within Art 34 TFEU, as it forms the basis of commercial transaction (even if only for transportation purposes)
- Belgium could not adequately justify its absolute prohibition with reference to environmental considerations
- A ban could be imposed on general waste only, to prevent an influx of waste which the region could not handle (just not on all waste)
