Commission Decision (EU) 2023/2390 of 3 March 2023 on measure SA.43147 (2020/C) (... (32023D2390)
Commission Decision (EU) 2023/2390 of 3 March 2023 on measure SA.43147 (2020/C) (ex 2019/NN) Belgium – Complaint concerning the granting by the Walloon Region of alleged unlawful aid to Renewi (notified under document C(2023) 1419)
- COMMISSION DECISION (EU) 2023/2390
- of 3 March 2023
- on measure SA.43147 (2020/C) (ex 2019/NN)
- Belgium – Complaint concerning the granting by the Walloon Region of alleged unlawful aid to Renewi
- (notified under document C(2023) 1419)
- (Only the French version is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE ALLEGED AID MEASURE
- 2.1.
- Title and description of the alleged aid measure
- 2.2.
- Applicable national tax legislation
- 2.3.
- Applicable Walloon environmental legislation
- 2.4.
- Applicable European environmental legislation
- 2.4.1.
- Concepts of disposal and recovery in European law
- 2.4.2.
- Classification as a waste recovery operation
- 2.4.3.
- Conservation condition
- 2.4.4.
- Suitability condition
- 2.5.
- Description of the grounds for initiating the procedure
- 3.
- COMMENTS BY THE WALLOON REGION
- 3.1.
- The legal obligation to close and restore the Mont-Saint-Guibert landfill
- 3.2.
- Fluff as the main type of waste suitable for the restoration operation and crushed bulky waste
- 3.3.
- Other materials available at the time of the operation
- 4.
- COMMENTS BY RENEWI
- 4.1.
- Operation of the landfill and closure decision
- 4.2.
- Correct application of the Tax Decree and the Recovery Order by the Minister
- 4.3.
- The reasons for which Renewi mainly used fluff for the filling operation
- 5.
- ASSESSMENT OF THE ALLEGED AID MEASURE
- 5.1.
- Absence of aid
- 5.1.1.
- State resources and imputability
- 5.1.2.
- Absence of advantage
- 5.1.3.
- Waste recovery operation
- 5.1.3.1.
- Conservation condition
- 5.1.3.2.
- Suitability condition
- 5.1.4.
- Absence of selectivity
- 6.
- CONCLUSIONS
- Article 1
- Article 2
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