Judgment — ECLI:EU:C:2010:464
Date: 2010-07-29
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Environment;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Eighth Chamber) of 29 July 2010 – Commission v France (Case C-35/10) Failure of a Member State to fulfil obligations – Directive 2006/21/EC – Protection of the environment – Waste management – Mining extraction – Failure to transpose within the prescribed period 1. 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; European Parliament and Council Directive 2006/21) (see paras 15-17) 2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see para. 18) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with 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 (OJ 2006 L 102, p. 15). Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with 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, the French Republic has failed to fulfil its obligations under that directive; 2. Orders the French Republic to pay the costs.