Commission v Belgium (Case C-2/90) [1992] ECR I-4431

Facts

• The Walloon Region of Belgium enacted a decree prohibiting the import of waste for disposal within its territory.
• The European Commission challenged the decree, asserting it constituted a quantitative restriction on imports under Article 34 TFEU.
• Belgium defended the measure as necessary for protecting its environment and due to limited waste disposal capacity.

Issues

1. Whether the Walloon decree prohibiting waste imports was a measure having equivalent effect to a quantitative restriction under Article 34 TFEU.
2. Whether such a restriction could be justified on environmental protection grounds, even though these are not explicitly listed in Article 36 TFEU.
3. Whether the restriction was proportionate to the objective of protecting the environment and managing waste disposal capacity.

Decision

• The ECJ found that the Walloon decree constituted a measure having equivalent effect to a quantitative restriction under Article 34 TFEU.
• The Court recognized that waste is subject to the free movement of goods within the internal market.
• The restriction could be justified as protecting the environment, a mandatory requirement recognized in existing case law.
• The measure was considered proportionate due to Belgium's limited capacity for waste disposal and the objective of environmental protection.
• The Walloon decree was ultimately upheld by the Court, provided its restrictions remained proportionate to the environmental objectives pursued.

Legal Principles

• Article 34 TFEU prohibits quantitative restrictions and all measures having equivalent effect between Member States.
• Environmental protection, while not explicitly listed under Article 36 TFEU, is recognized as a mandatory requirement justifying restrictions on free movement.
• The principle of proportionality requires that measures restricting trade must be suitable and necessary for achieving legitimate objectives, such as environmental protection.
• The principle of proximity in waste management promotes treating waste close to its point of origin and supports self-sufficiency.
• Subsequent EU regulation, such as Regulation (EC) No 1013/2006, incorporates principles from this judgment and the Basel Convention for managing waste shipments.

Conclusion

Commission v Belgium (Walloon Waste) clarified that Member States may restrict waste imports to protect the environment, provided such measures are proportionate. This landmark decision established environmental protection as a legitimate ground for restricting free movement of goods within the EU, influencing both union policy and legislative developments on waste management.