# C_2004106EN.01004702.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/47 |
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30.4.2004

EN

Official Journal of the European Union

C 106/47

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Action brought on 29 March 2004 by the Commission of the European Communities against the Kingdom of Spain

(Case C-157/04)

(2004/C 106/82)

An action against the Kingdom of Spain was brought before the Court of Justice of the European Communities on 29 March 2004 by the Commission of the European Communities, represented by Gregorio Valero Jordana and Minas Konstantinidis, of its Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

| 1. | Declare that, by failing to adopt the measures necessary to ensure, with respect to the uncontrolled waste tip in the Punta de Avalos area of the island of Gomera in the Autonomous Community of the Canary Islands, the application of Articles 4, 8, 9 and 13 of Council Directive 75/442/EEC (1) of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991; (2) the application of Article 2 of Council Directive 91/689/EEC (3) of 12 December 1991 on hazardous waste, and the application of Article 14 of Council Directive 1999/31/EC (4) of 26 April 1999 on the landfill of waste, the Kingdom of Spain has failed to fulfil its obligations under those directives; |
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1.

Declare that, by failing to adopt the measures necessary to ensure, with respect to the uncontrolled waste tip in the Punta de Avalos area of the island of Gomera in the Autonomous Community of the Canary Islands, the application of Articles 4, 8, 9 and 13 of Council Directive 75/442/EEC (1) of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991; (2) the application of Article 2 of Council Directive 91/689/EEC (3) of 12 December 1991 on hazardous waste, and the application of Article 14 of Council Directive 1999/31/EC (4) of 26 April 1999 on the landfill of waste, the Kingdom of Spain has failed to fulfil its obligations under those directives;

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| 2. | Declare that, by failing to adopt the measures necessary to ensure, with respect to the uncontrolled waste tip in Olvera, Province of Cadiz, in the Autonomous Community of Andalusia, the application of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Kingdom of Spain has failed to fulfil its obligations under those directives; |
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2.

Declare that, by failing to adopt the measures necessary to ensure, with respect to the uncontrolled waste tip in Olvera, Province of Cadiz, in the Autonomous Community of Andalusia, the application of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Kingdom of Spain has failed to fulfil its obligations under those directives;

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

Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The existence of uncontrolled tips at Punta de Avalos and Olvera implies that the Kingdom of Spain has not adopted the laws, regulations and administrative provisions needed to guarantee the responsible disposal and recovery of waste, as required by the Community legislation.

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(1)  OJ L 194 of 25.7.1975, p. 39.

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(2)  OJ L 78 of 26.3.1991, p. 32.

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(3)  OJ L 377 of 31.12.1991, p. 20.

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(4)  OJ L 182 of 16.7.1999, p. 1.

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