Judgment of the Court (Tenth Chamber) of 25 April 2013 — Commission v Slovakia

(Case C-331/11)

‛Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Article 14 — Existing landfill — Lack of site conditioning plan — Continued operation’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Mere reference to the annexes — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.) (see paras 27-29)

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — Justification — Not permissible (Art. 258 TFEU; Council Directives 96/61 and 1999/31) (see paras 32-35)

3. Environment — Waste — Landfill of waste — Directive 1999/31 — National measure authorising the operation of a waste site without a site conditioning plan and in the absence of a final decision on the continued operation on the basis of an approved site conditioning plan — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Art. 14(a) to (c)) (see paras 36-39, operative part)

Re:

Failure of a Member State to fulfil obligations — Infringement of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Operation of the Žilina-Považský Chlmec waste site without a site conditioning plan.

Operative part

The Court:

1. Declares that, by authorising the operation of the Žilina-Považský Chlmec waste site without a site conditioning plan and in the absence of a final decision on the continued operation on the basis of an approved site conditioning plan, the Slovak Republic has failed to comply with its obligations under Article 14(a) to (c) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste;

2. Orders the Slovak Republic to pay the costs.

Judgment of the Court (Tenth Chamber) of 25 April 2013 — Commission v Slovakia

(Case C-331/11)

‛Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Article 14 — Existing landfill — Lack of site conditioning plan — Continued operation’

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Mere reference to the annexes — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.) (see paras 27-29)

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — Justification — Not permissible (Art. 258 TFEU; Council Directives 96/61 and 1999/31) (see paras 32-35)

3. Environment — Waste — Landfill of waste — Directive 1999/31 — National measure authorising the operation of a waste site without a site conditioning plan and in the absence of a final decision on the continued operation on the basis of an approved site conditioning plan — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Art. 14(a) to (c)) (see paras 36-39, operative part)

Re:

Failure of a Member State to fulfil obligations — Infringement of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Operation of the Žilina-Považský Chlmec waste site without a site conditioning plan.

Operative part

The Court:

1. Declares that, by authorising the operation of the Žilina-Považský Chlmec waste site without a site conditioning plan and in the absence of a final decision on the continued operation on the basis of an approved site conditioning plan, the Slovak Republic has failed to comply with its obligations under Article 14(a) to (c) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste;