Judgment — ECLI:EU:C:2007:298
Date: 2007-05-24
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Seventh Chamber) of 24 May 2007 - Commission of the European Communities v Kingdom of Spain (Case C-361/05) 1 (Failure by a Member State to fulfil its obligations - Waste management - Directives 75/442/EEC and 1999/31/EC - Illegal and uncontrolled waste tips - Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón) Language of the Case: Spanish Parties Applicant: Commission of the European Communities (represented by: I. Martínez del Peral and M. Konstantinidis, acting as Agents) Defendant: Kingdom of Spain (represented by: I. del Cuvillo Contreras and M. Muñoz Pérez, Agents) Re: Failure by a Member State to fulfil its obligations - Infringement of Articles 4, 9 and 13 of Council Directive 75/442/EEC, of 15 July 1975, on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) - Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón, situated in La Mojonera Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the prescribed period, the necessary provisions to ensure application of Articles 4, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste - as amended by Council Directive 91/156/EEC of 18 March 1991 - and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, with regard to the waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón (Province of Almería), the Kingdom of Spain has failed to fulfil its obligations under those provisions; 2. Orders the Kingdom of Spain to pay the costs. ____________ 1 - OJ C 296, 26.11.2005.