The judge in the commingling judicial review (JR) has deferred a decision on whether to send the case to Europe.
The claimants, the Campaign for Real Recycling, want judges at the European Court of Justice to rule on the UK and Welsh governments’ interpretation of the EU rules on separate collections.
The case is due at the High Court in Cardiff on 26-28 February. The judge will make a decision on CRR’s application to go to Europe then.
Mal Williams, chair of CRR, said: “We still think that there are reasonable grounds why this case will be referred to the European Court of Justice. Today’s decision postpones adjudication of this issue by a few weeks until the start of the substantial hearing at the end of February.
“The Claimants in this case remain committed to high quality recycling and to resolving this case at the High Court in Cardiff, via reference to the CJEU if required, as we believe is likely.”
The Governments were forced to amend the law last year after reprocessors and opponents of commingled collections, concerned about recyclate quality, brought the JR. The case was halted in December 2011 after the Government said it would make a fresh attempt at transposing the EU revised waste framework directive (rWFD).
While waste management firms and local authorities welcomed the amendment that will effectively allow commingling, opponents have said it is not good enough.
CRR coordinator Andy Moore has said the amendment was “still not an adequate transposition of the revised Waste Framework Directive”.