# C_2005171EN.01000402.xml

| 9.7.2005 | EN | Official Journal of the European Union | C 171/4 |
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9.7.2005

EN

Official Journal of the European Union

C 171/4

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 28 April 2005

in Case C-157/04: Commission of the European Communities v Kingdom of Spain (1)

1

(Failure by a Member State to fulfil its obligations - Waste management - Directives 75/442/EEC, 91/689/EEC and 1999/31/EC - Landfills at Punta de Avalos and Olvera)

(2005/C 171/08)

Language of the case: Spanish

In Case C-157/04, Commission of the European Communities (Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom of Spain (Agent: L. Fraguas Gadea) — Action for failure to fulfil obligations under Article 226 EC, brought on 29 March 2004 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, C. Gulmann and J. Klučka (Rapporteur), Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 28 April 2005, in which it:

| 1. | Declares that, by failing to adopt the measures necessary to ensure the application of Articles 4, 8, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Article 2 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, and Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Kingdom of Spain has failed to fulfil its obligations under those directives with respect to the uncontrolled landfill in the Punta de Avalos area of the island of Gomera (Autonomous Community of the Canary Islands). |
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1.

Declares that, by failing to adopt the measures necessary to ensure the application of Articles 4, 8, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Article 2 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, and Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Kingdom of Spain has failed to fulfil its obligations under those directives with respect to the uncontrolled landfill in the Punta de Avalos area of the island of Gomera (Autonomous Community of the Canary Islands).

| 2. | Declares that, by failing to adopt the measures necessary to ensure the application of Articles 4, 8, 9 and 13 of Directive 75/442, as amended by Directive 91/156, the Kingdom of Spain has failed to fulfil its obligations under that directive with respect to the uncontrolled landfill in Olvera, Province of Cadiz (Autonomous Community of Andalusia). |
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2.

Declares that, by failing to adopt the measures necessary to ensure the application of Articles 4, 8, 9 and 13 of Directive 75/442, as amended by Directive 91/156, the Kingdom of Spain has failed to fulfil its obligations under that directive with respect to the uncontrolled landfill in Olvera, Province of Cadiz (Autonomous Community of Andalusia).

| 3. | Orders the Kingdom of Spain to pay the costs. |
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3.

Orders the Kingdom of Spain to pay the costs.

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(1)  OJ C 106 of 30.04.2004.

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