Opinion of the Advocate General — ECLI:EU:C:2004:451
Date: 2004-07-15
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the Judgment Environment – Waste disposal – Directive 75/442, as amended by Directive 91/156 – First subparagraph of Article 4 – Obligation on Member States to ensure disposal of waste – Scope – Need for the measures to be adopted – Discretion – Limits (Council Directive 75/442, as amended by Directive 91/156, Art. 4, first subpara.) Whilst the first subparagraph of Article 4 of Directive 75/442 on waste, as amended by Directive 91/156, does not specify the actual content of the measures which must be taken in order to ensure that waste is disposed of without endangering human health and without harming the environment, it is none the less true that it is binding on the Member States as to the objective to be achieved, whilst leaving to them a margin of discretion in assessing the need for such measures. From the fact that a situation is not in conformity with the objectives laid down in the first subparagraph of Article 4 of Directive 74/442, as amended, then, the direct inference may not in principle be drawn that the Member State concerned has necessarily failed to fulfil its obligations under that provision. However, if that situation persists and leads in particular to a significant deterioration in the environment over a protracted period without any action being taken by the competent authorities, it may be an indication that the Member States have exceeded the discretion conferred on them by that provision. (see paras 21-22)