Judgment — ECLI:EU:C:2015:501
Date: 2015-07-16
Language of the case: Slovenian
Court formation: Third Chamber
Subject matter: Environment;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: Slovenia

Judgment of the Court (Third Chamber) of 16 July 2015 — Commission v Slovenia (Case C‑140/14) (1) Failure of a Member State to fulfil obligations — Directives 2008/98/EC and 1999/31/EC — Prevention and elimination of the depositing of excavated earth and rubble and other waste — Landfill — Failure to adopt measures for the disposal and storage of that waste — Use of judicial remedies 1. 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) (see para. 42) 2. Member States — Obligations — Supervisory tasks assigned to the Commission — Duty of the Member States — Cooperation with inquiries relating to the application of directives — Obligation to check, and to provide information (see para. 43) 3. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 63) 4. Environment — Waste — Directive 2008/98 — Obligation on Member States to ensure that waste is recovered or disposed of — Scope — Whether applicable to temporary storage — Need for the measures to be adopted (European Parliament and Council Directive 2008/98, Arts 13 and 36(1)) (see para. 66) 5. Environment — Waste — Directive 2008/98 — Obligation on Member States to ensure that waste is recovered or disposed of — Obligation to achieve a result — Discretion of the Member States regarding the measures to be taken — Limits — Continuation of a non-compatible situation over a prolonged period leading to a significant deterioration in the environment — Failure to fulfil obligations (European Parliament and Council Directive 2008/98, Art. 13) (see paras 68, 69, 75) 6. Environment — Waste — Directive 2008/98 — Concept of waste — Substance which is discarded — Excavated earth — Included (European Parliament and Council Directive 2008/98, Art. 3, point 1) (see paras 70, 71) 7. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 77) 8. Acts of the institutions — Directives — Implementation by Member States — Need to ensure that directives are effective — Obligation for all Member State authorities to take all the measures necessary to attain the objective prescribed by the directive — Possible adoption of transitional measures (Art. 288, third para., TFEU; European Parliament and Council Directive 2008/98) (see paras 78, 79) 9. Environment — Waste — Landfill of waste — Directive 1999/31 — Scope — Notion of discharge — Temporary storage site — Duration of storage exceeding one year — Included — Illegal discharge — Included (Council Directive 1999/31, Art. 2(g)) (see paras 116, 117) Operative part The Court: 1. Declares that the Republic of Slovenia, – by authorising the deposit of excavated earth on plot No 115/1 in the municipal land register of Teharje (Bukovžlak), without ensuring that other waste had not previously or at the same time been deposited at that site, and since no other measure has been adopted to remove from that site the waste not covered by the permit issued, that site must be considered as constituting an illegal landfill which does not comply with the conditions and requirements laid down, first, by Articles 13 and 36(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, and secondly, by Articles 5(3)(e), 6, read in conjunction with Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC, 7 to 9, 11 and 12 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, and by Annexes I to III to that directive, and – and by failing, since April 2009, to adopt sufficient measures to prevent, and then to remove the deposit of excavated earth classifiable as waste under item number 17 05 06 (dredging spoil other than those mentioned in 17 05 05) and item number 17 05 05 (dredging spoil containing dangerous substances) at the site of construction work on the municipal infrastructure for the commercial area at Gaberje-jug, so that that site must also be considered to be an illegal landfill which does not comply with the abovementioned provisions of Directives 1999/31 and 2008/98 or with Articles 12, 15 and 17 of Directive 2008/98, has failed to fulfil its obligations under all of those provisions. 2. Orders the Republic of Slovenia to pay the costs. 1 – OJ C 184, 16.6.2014.