Judgment — ECLI:EU:C:2018:959
Date: 2018-11-28
Language of the case: Slovenian
Court formation: Sixth Chamber
Subject matter: Environment;Waste
Procedure: Action for failure to fulfil obligations - successful
Origin: Slovenia

Judgment of the Court (Sixth Chamber) of 28 November 2018 — Commission v Slovenia (Case C‑506/17) (1) (Failure of a Member State to fulfil obligations — Environment — Landfilling of waste — Directive 1999/31/EC — Article 14(b) and (c) — Operation permit — Closure of unauthorised sites — Authorisation of necessary work on the basis of the approved site-conditioning plan — Laying down transitional period for completion of the plan) 1. Environment — Waste — Landfill of waste — Directive 1999/31 – Failure to close unauthorised sites — Failure to fulfil obligations (Council Directive 1999/31, Arts. 7(g), 13, 14 (a) to (c), 15(1) and Annexe I(1)) (see paras 43, 45-47, 54, 61, 66, 67) 2. 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. 50) 3. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 59) Operative part 1. By failing to adopt the measures necessary: – to close, by 16 July 2009 at the latest, in accordance with Article 7(g) and Article 13 of Council Directive 1999/31/EC or 26 April 1999 on the landfill of waste, the landfill sites of Dragonja, Dvori, Rakek-Pretržje, Bukovžlak-Cinkarna, Suhadole, Lokovica, Mislinjska Dobrava, Izola, Mozelj, Dolga Poljana, Dolga vas, Jelšane, Volče, Stara gora, Stara vas, Dogoše, Mala gora, Tuncovec-Steklarna, Tuncovec-OKP and Bočna-Podhom, which have not obtained operation permits in accordance with Article 8 of that directive, and – to ensure, by 16 July 2009 at the latest, that the Ostri vrh landfill site complies with the requirements of Directive 1999/31, with the exception of those set out in point 1 of Annex I thereto, the Republic of Slovenia has failed to fulfil its obligations under Article 14(b) and Article 14(c) of Directive 1999/31. 2. The Republic of Slovenia is ordered to pay the costs. 1 OJ C 357, 23.10.2017.