A.S.B.L. Inter Environnement Wallonie et Al v. State of Belgium

February 26, 1994
Final judgment
Belgium, Brussels

Environmental NGOs
A.S.B.L. Inter Environnement Wallonie, A.S.B.L. Bond Beter Leefmilieu Vlaanderen, A.S.B.L. Brusselse Raad voor het Leefmilieu
Jacques Sambon

Cancellation of articles 5 and 6 of the Royal Decree of December 23, 1993 concerning the exemption from the ecotax due on plant protection products and pesticides.
Council of State of Brussels, Belgium

February 10, 2004
Partially Positive
The request is partially rejected.
No description
No description

On February 10, 2004, the Council of State considered that article 5 of the said decree was in conformity with article 382, paragraphs 1 and 2, of the law of July 16, 1993. Nevertheless, as regards article 6 of the said decree, the judge considers that article 6 does not comply with article 382, paragraph 1 and 3, of the law of July 16, 1993. Indeed, it must specify that the exemption from the ecotax can only apply to preparations and substances present in products falling within the six categories referred to that have been specially authorized for the fight against merula.