Use "to cannibalize", that is, the removal of components for use as used spare parts, represents, according to general traffic perception Not an "intended use" in the sense of the aforementioned provision dar. Nothing else applies in the case of planned use of the bodies of end-of-life vehicles as spare parts. This does not indicate that the vehicles are used in accordance with their intended purpose as defined in § 2 Para. 3 Z 2 AWG 2002 (VwGH 2013/07/0032 dated 25 October 2013).07.2013)
The complainant operates a plant for the recycling of metal waste and takes over both old, defective, damaged and used vehicles and vehicle parts that have been taken out of service but are still operational or functional. Since it trades in addition to its waste management activities, it applied for a determination that the following four used vehicles were not waste within the meaning of the AWG 2002:
Audi 80: 173.047 km, not a state that can be registered
Mazda 323: 230.058 km, no registrable condition
KIA Shuma: 155.788 km, not roadworthy, but complete condition Peugeot xRd: 306: 204.928 km, not roadworthy condition The official expert gave the following opinion in summary:
"… Audi 80, Mazda 323 and Peugeot 306 (are) as spare parts carriers and, due to the existing operating fluids, as hazardous Waste to be classified. Restoration costs and repair costs disproportionately exceed the current value to bring these vehicles to a condition suitable for registration. According to the published guidelines of the EU Commission on the distinction between end-of-life and used vehicles, it is also addressed that vehicles are to be classified as waste if the cost of repair exceeds the current value of the vehicles.
Further criteria are:
Last compulsory date for national technical roadworthiness test exceeded by more than 2 years insufficient protection against transport damage, as well as damage that can occur during transport of spare parts inside the vehicle
The car of the brand KIA Shuma is from a technical point of view and on the basis of its good general condition and the mediocre mileage in its current value with little effort to bring it into a registrable condition. From a professional point of view, the vehicle is thus no vehicle wreck and also not intended to serve as a spare parts carrier or. To be recycled."
The Administrative Court has for this purpose the Waste Management Act, in particular its § 2 Abs 1 Z 2 (Objective waste concept; treatment as waste necessary, in order not to impair public interests) as well as its § 2 Abs 3 Z 2 examined, according to which a treatment is not necessary after the waste economy law so long, as the thing "in one after the traffic conception intended use stands".
For the Audi 80 and Peugeot xRd 306 be the Objective waste term in the sense of § 2 Abs. 1 Z 2 AWG 2002 fulfilled. Regarding the Mazda 323 it is the complainant failed, that this vehicle is in a condition that is generally accepted by the public intended use in the sense of § 2 Abs.