# C_2023271EN.01001802.xml

| 31.7.2023 | EN | Official Journal of the European Union | C 271/18 |
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31.7.2023

EN

Official Journal of the European Union

C 271/18

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Action brought on 30 May 2023 — European Commission v Slovak Republic

(Case C-341/23)

(2023/C 271/25)

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: M. Ioan and R. Lindenthal, Agents)

Defendant: Slovak Republic

Form of order sought

| — | Declare that, by failing to ensure that conditioning plans and any corrective measures were submitted for approval in respect of the 11 landfills set out in the application (Vlčie Hory, Bojná part B and part C — Phase I., Čadca –Podzávoz, Rajec — Šuja, Ružomberok — Biela Púť, Landfill TKO Zubrohlava, Hnúšťa — Kotlište, Detva — Studienec Phase II., Hontianske Tesáre, Hôrky — Pláne a Stropkov — Chotča) so that a final decision can be taken on whether the operation of the landfill can continue on the basis of a conditioning plan for the site or whether measures should be taken to close down the landfill as soon as possible, the Slovak Republic has failed to fulfil its obligations under Article 14(a) and (b) of Directive 1999/31/EC (1) on the landfill of waste; |
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Declare that, by failing to ensure that conditioning plans and any corrective measures were submitted for approval in respect of the 11 landfills set out in the application (Vlčie Hory, Bojná part B and part C — Phase I., Čadca –Podzávoz, Rajec — Šuja, Ružomberok — Biela Púť, Landfill TKO Zubrohlava, Hnúšťa — Kotlište, Detva — Studienec Phase II., Hontianske Tesáre, Hôrky — Pláne a Stropkov — Chotča) so that a final decision can be taken on whether the operation of the landfill can continue on the basis of a conditioning plan for the site or whether measures should be taken to close down the landfill as soon as possible, the Slovak Republic has failed to fulfil its obligations under Article 14(a) and (b) of Directive 1999/31/EC (1) on the landfill of waste;

| — | Declare that, by failing to ensure that measures were taken to close down as soon as possible the ten landfill sites set out in the application (Stupava — Žabáreň, Bobogdány, Prietrž, Veronika Dežerice, Landfill KO Duslo, Šahy — Holá Stráž, Židová — Vráble, Smutná, Hnúšťa — Branzová, Veľká Ves), the Slovak Republic has failed to fulfil its obligations under Article 14(b) of Directive 1999/31/EC on the landfill of waste |
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Declare that, by failing to ensure that measures were taken to close down as soon as possible the ten landfill sites set out in the application (Stupava — Žabáreň, Bobogdány, Prietrž, Veronika Dežerice, Landfill KO Duslo, Šahy — Holá Stráž, Židová — Vráble, Smutná, Hnúšťa — Branzová, Veľká Ves), the Slovak Republic has failed to fulfil its obligations under Article 14(b) of Directive 1999/31/EC on the landfill of waste

| — | Order the Slovak Republic to pay the costs. |
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Order the Slovak Republic to pay the costs.

Pleas in law and main arguments

Under Article 14 of Directive 1999/31, the Slovak Republic was required to take measures in order that existing landfills, that is to say, ‘landfills which [had] been granted a permit or which [were] already in operation at the time of transposition of [that] directive’, were assessed on the basis of the requirements of the directive and were either closed down as soon as possible or were brought into compliance with the Directive over an eight-year transitional period, which expired on 16 July 2009.

Under Article 14(a) of the Directive, the Slovak Republic was required, within a period of one year from the entry into force of the legislation implementing the Directive, to ensure that the operator of the landfill prepare and present to the competent authorities, for their approval, a conditioning plan for the site including the particulars listed in Article 8 and any corrective measures needed in order to comply with the requirements of that directive. Under Article 14(b) of the Directive, following the presentation of that conditioning plan for the site, the competent authorities were to take, on the basis of that plan and the directive, a definite decision on whether the operation of the site could continue. Under the last sentence of Article 14(b) of the Directive, the Slovak Republic was also required to adopt, in accordance with Article 7(g) and Article 13, the necessary measures to close down as soon as possible sites which were not granted, in accordance with Article 8, a permit to continue to operate.

The Slovak Republic has failed to fulfil those obligations.

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(1)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1)

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