Judgment — ECLI:EU:C:2016:581
Date: 2016-07-21
Language of the case: Romanian
Court formation: Ninth Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Romania

Judgment of the Court (Ninth Chamber) of 21 July 2016 – Commission v Romania (Case C‑104/15) (1) Failure of a Member State to fulfil obligations — Environmental protection — Directive 2006/21/EC — Waste management — Mining — Tailing ponds — Dust re-emission — Fine airborn dust particles — Pollution — Human health — Obligatory preventative measures — Articles 4 and 13 — Finding of infringement 1. Actions for failure to fulfil obligations — Pre-litigation procedure — Formal notice — Definition of the subject matter of the dispute — Reasoned opinion — Detailed list of complaints — Submission of information not contained in the letter of formal notice — Lawfulness — Conditions (Art. 258 TFEU) (see paras 32-38) 2. Environment — Waste — Directive 2006/21 — Scope — Waste management installations which have obtained authorisation or which are operating after the time limit for transposition has expired (European Parliament and Council Directive 2006/21, Art. 24(1)) (see paras 51-53) 3. Environment — Waste — Directive 2006/21 — Obligation of the Member States to ensure the management of extractive waste — Scope — Waste management that does not endanger human health and which does not harm the environment — Obligation to achieve a result — Discretion of the Member States regarding the measures to be taken — Limits — Persistence of a non-compliant situation — Failure to fulfil obligations (European Parliament and Council Directive 2006/21, Art. 4) (see paras 79-81, 93-101) 4. Actions for failure to fulfil obligations — Proof of failure — Burden of proof on Commission — Production of evidence showing failure — Incumbent on Member State concerned to refute evidence (Art. 258 TFEU; European Parliament and Council Directive 2006/21, Art. 4) (see paras 83, 86-89) 5. Member States — Obligations — Supervisory tasks assigned to the Commission — Duty of the Member States — Cooperation with inquiries relating to the application of directives — Verification and information requirement (Arts 4(3) TEU and 17(1) TEU; European Parliament and Council Directive 2006/21) (see paras 84, 85) 6. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 99) 7. Environment — Waste — Directive 2006/21 — Obligation of the Member States to ensure the management of extractive waste — Obligation to ensure operators take appropriate measures — Scope (European Parliament and Council Directive 2006/21, Art. 13) (see paras 111-116) Operative part The Court: 1. Declares that, by failing to adopt appropriate measures to prevent dust rising from the Boșneag pond — extension, Romania has failed to fulfil its obligations under Article 4 and Article 13(2) of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC; 2. Orders Romania to pay the costs. 1 OJ C 146, 4.5.2015.