Luciano Arcaro (Criminal Proceedings Against) [1996]

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  • Created by: channyx
  • Created on: 21-03-20 00:29

A was prosecuted under Italian national provisions on the unauthorised discharge of cadmium into surface waters. He argued that his undertaking was "existing plant" and, in the absence of ministerial decrees limiting cadmium discharge, was not obliged to apply for authorisation. The Pretore found that the national provisions did exclude existing plant from the system of authorisation, but doubted whether those provisions conformed with Council Directive 76/464 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, the authorisation regime…

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