Chapters

• What is the role for a national judge in waste law litigation? – preliminary reference
• Foreword
• List of Topics
• Role of the National Judge
• The National Judge is (almost always the one and only) Judge of the European Union!
• EU Judicial Order
• EU Judicial Order / Reflected in Article 174 TFEU
• EU Judicial Order / Cornerstone in Article 267 TFEU
• The dark and the bright side of the legal pyramid
• Toolbox of the National Judge
• Preliminary reference (Article 267 TFEU) in a nutshell
• Judicial Control
• Is it (dangerous) waste?
• The Judge and the Waste (I)
• The Judge and the Waste (II)
• The Judge and the Waste (III)
• What is „waste“?
• Definition of Waste in Art. 3 Nr. 1 WFD
• CJEU defining waste (I): „holder‘s actions“ and „discard“
• CJEU defining waste (II): „discard“
• Legal trap: “unexcavated contaminated soil”
• If it is relevant for your case
• Preliminary reference
• Again: Art. 267 TFEU
• First: Read the (new) Recommendations!!!
• Judges and General Advocates at the Court of Justice of the European Union
• The national judge has a “right to refer” for a preliminary ruling…
• The national judge may have “duty to refer” for a preliminary ruling…
• The CILFIT doctrine of “acte clair” and “acte éclairé”
• Sometimes it is not clear whether there is „acte clair“!
• Practical advice
• The essential elements of a request for a preliminary ruling
• 1. The referring court or tribunal
• 2. The parties to the main proceedings and their representatives
• 3. The subject matter of the dispute in the main proceedings and the relevant fact
• 4. The relevant legal provisions
• 5. The grounds for the reference
• 6. The questions referred for a preliminary ruling
• 7. Possible need for specific treatment
• Formal aspects of the request for a preliminary ruling (I)
• Formal aspects of the request for a preliminary ruling (II)
• Modern times…
• Transmission channels recommended by the Court
• Last but not least…