It is not in dispute that the plaintiff is a body governed by public law and that it is legally obliged to collect household waste. The court does not agree with the plaintiff’s argument that the separate collection or the collection and subsequent separation of household packaging waste is an extension of its government task laid down in the WMB and forms part of it. In the periods in question, the WMB only required municipalities to separately collect vegetable, fruit and garden waste. Nor does the National Waste Management Plan, which the Minister of Infrastructure and the Environment periodically adopts pursuant to Article 10.3 of the WMB, stipulate a legal obligation for the separate collection of household packaging waste. Plaintiff therefore does not act as a government with regard to these activities.
Source: rechtspraak.nl
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