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Document 62009CA0209

Case C-209/09: Judgment of the Court (Eighth Chamber) of 25 February 2010 (Reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Lahti Energia Oy (Directive 2000/76/EC — Incineration of waste — Incineration plant — Co-incineration plant — Complex comprising a gas plant and a power plant — Incineration in the power plant of non-purified gas produced from the thermal treatment of waste in the gas plant)

OJ C 100, 17.4.2010, p. 9–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

17.4.2010   

EN

Official Journal of the European Union

C 100/9


Judgment of the Court (Eighth Chamber) of 25 February 2010 (Reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Lahti Energia Oy

(Case C-209/09) (1)

(Directive 2000/76/EC - Incineration of waste - Incineration plant - Co-incineration plant - Complex comprising a gas plant and a power plant - Incineration in the power plant of non-purified gas produced from the thermal treatment of waste in the gas plant)

2010/C 100/12

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Party to the main proceedings

Lahti Energia Oy

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of Article 3 of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (OJ 2000 L 332, p. 91) — Complex consisting of a plant producing gas from waste and a power plant whose steam boiler burns the gas produced from the thermal treatment of waste in the gas plant — Combustion in the steam boiler of the power plant of non-purified instead of purified gas

Operative part of the judgment

A power plant which uses as an additional fuel, in substitution for fossil fuels used for the most part in its production activities, gas obtained in a gas plant following thermal treatment of waste is to be regarded, jointly with that gas plant, as a ‘co-incineration plant’ within the meaning of Article 3(5) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste when the gas in question has not been purified within the gas plant.


(1)  OJ C 193, 15.8.2009.


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