# C_2019220EN.01000901.xml

| 1.7.2019 | EN | Official Journal of the European Union | C 220/9 |
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1.7.2019

EN

Official Journal of the European Union

C 220/9

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Judgment of the Court (Eighth Chamber) of 2 May 2019 — European Commission v Republic of Croatia

(Case C-250/18) (1)

(Failure of a Member State to fulfil obligations - Directive 2008/98/EC - Waste treatment - Article 5(1) - Stone aggregate which does not fall within the concept of a ‘by-product’ - Article 13 - Obligation of Member States to ensure protection of human health and of the environment - Article 15(1) - Obligation to have waste treated by the holder or other designated persons)

(2019/C 220/11)

Language of the case: Croatian

Parties

Applicant: European Commission (represented by M. Mataija, F. Thiran and E. Sanfrutos Cano, acting as Agents)

Defendant: Republic of Croatia (represented by T. Galli and M. Vidović, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to consider that the stone aggregate deposited in Biljane Donje (Croatia) is waste, rather than a by-product, and must be treated as waste, the Republic of Croatia has failed to fulfil its obligations under Article 5(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives;
  By failing to take all the measures necessary to ensure that management of the waste deposited in Biljane Donje is carried out without endangering human health or harming the environment, the Republic of Croatia has failed to fulfil its obligations under Article 13 of Directive 2008/98;
  By failing to take the measures necessary to ensure that the holder of the waste deposited in Biljane Donje treats the waste himself or has the treatment handled by a dealer or an establishment or undertaking that carries out waste treatment operations or by a private or public waste collector, the Republic of Croatia has failed to fulfil its obligations under Article 15(1) of Directive 2008/98; |
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1.

Declares that, by failing to consider that the stone aggregate deposited in Biljane Donje (Croatia) is waste, rather than a by-product, and must be treated as waste, the Republic of Croatia has failed to fulfil its obligations under Article 5(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives;

By failing to take all the measures necessary to ensure that management of the waste deposited in Biljane Donje is carried out without endangering human health or harming the environment, the Republic of Croatia has failed to fulfil its obligations under Article 13 of Directive 2008/98;

By failing to take the measures necessary to ensure that the holder of the waste deposited in Biljane Donje treats the waste himself or has the treatment handled by a dealer or an establishment or undertaking that carries out waste treatment operations or by a private or public waste collector, the Republic of Croatia has failed to fulfil its obligations under Article 15(1) of Directive 2008/98;

| 2. | Orders the Republic of Croatia to pay the costs. |
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2.

Orders the Republic of Croatia to pay the costs.

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(1)  OJ C 200, 11.6.2018.

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