Opinion of the Advocate General — ECLI:EU:C:2018:4
Date: 2018-01-11
Language of the case: Slovak
Subject matter: Environment;Provisions governing the Institutions;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: Slovakia

Summary — Judgment of the Court (Fourth Chamber), 4 July 2018 1. Environment — Waste — Landfill of waste — Directive 1999/31 — Existing landfill sites — Measures to be taken by the Member States — Scope (Council Directive 1999/31, Arts 13 and 14) 2. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Period for implementation — Reference date for assessing whether there has been a failure to fulfil obligations (Art. 260(1) TFEU) 3. Environment — Waste — Landfill of waste — Directive 1999/31 — Sites not complying not closed down — Failure to fulfil obligations (Council Directive 1999/31, Arts 13 and 14(b)) 4. Member States — Obligations — Failure to fulfil obligations — National system pleaded as justification — Not permissible 5. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Imposition of a penalty payment — Condition — Failure to comply continuing up to the time of the Court’s examination of the facts (Council Directive 1999/31, Arts 13 and 14(b)) 6. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Determination of the form to be taken and of the amount — Discretion of the Court — Criteria (Arts 258 TFEU and 260(2) TFEU) 7. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Periodic penalty payment — Lump sum — Whether the two penalties should be cumulated — Lawfulness 8. Actions for failure to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Breach of the obligation to comply with the judgment — Pecuniary penalties — Imposition of a lump sum payment — Discretion of the Court — Criteria for assessment (Art. 260(2) TFEU) 1. The obligation to ensure that only landfill sites satisfying the requirements of Directive 1999/31 remain operational implies the closure of landfill sites which have not been granted a permit to continue to operate. Consequently, if a Member State complies with the requirements laid down in Article 14 of Directive 1999/31, not by granting a permit to continue landfill operations, but by deciding to close it, that Member State must comply with the requirements of the closure procedure laid down in Article 13 of the directive. (see paras 27, 28) 2. See the text of the decision. (see paras 49-55) 3. See the text of the decision. (see paras 57, 58, 61) 4. See the text of the decision. (see paras 59, 60) 5. See the text of the decision. (see paras 74-81) 6. See the text of the decision. (see paras 82-84) 7. See the text of the decision. (see para. 96) 8. See the text of the decision. (see paras 98-102)