Facts
Contex AG operates a textile and shoe recycling business and maintains numerous collection containers in various municipalities. In the municipality of Brügg, such a container was placed on the railway station premises with the consent of the Swiss Federal Railways. However, the municipality of Brügg issued an order that the container be removed within a certain period without the necessary environmental protection permit. Contex AG initially successfully appealed against this order to the Government Representative, who was of the opinion that the collected textiles and shoes did not constitute waste. The municipality of Brügg then filed a complaint with the Administrative Court of the Canton of Bern, which ultimately upheld the municipality's complaint. Contex AG's administrative court appeal against this judgment of the Administrative Court is directed to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses Contex AG's appeal. It concludes that the textiles and shoes collected in the appellant's containers constitute waste within the meaning of the Environmental Protection Act. The decisive factor is that the persons who deposit their textiles and shoes in the collection containers intend to dispose of these items. It is irrelevant whether the items are subsequently recycled or not. As soon as a movable item is subjected to disposal, i.e. recovery or landfilling including the preliminary stages of collection, transport, intermediate storage and treatment, it constitutes waste within the meaning of the Environmental Protection Act.
Since the collected textiles and shoes are municipal waste, their disposal is the responsibility of the cantons according to the Environmental Protection Act. They can delegate this task to the municipalities, which is the case in the Canton of Bern. The municipality of Brügg therefore has the…