The Conseil d’Etat is asked to cancel the order of 30 December 2005 according to which the judge has rejected the request to suspend the authorization to export the aircraft carrier Clemenceau, that was composed of asbestos, in India.
The claimants argued that European Regulation n°259/93 on the suspension and control of shipments of waste into and out of the Community can apply in this case. According to this regulation, exporting waste to dispose of it is strictly forbidden. The Conseil d’Etat qualified the aircraft carrier as a waste, even if it was partially intended for economic purposes.  Thus, by relying on the infringement of Community law, the Conseil d’Etat suspended the decision to export the aircraft carrier.