Case C-382/25: Action brought on 11 June 2025 – European Commission v Kingdom of Spain
Date: 2025-06-11
Institutions: Court of Justice
Subjects: environmental protection, environmental risk prevention, health risk, infringement of EU law, national implementing measure, unauthorised dumping, waste management








C_202504271EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4271


11.8.2025






Action brought on 11 June 2025 – European Commission v Kingdom of Spain


(Case C-382/25)

(C/2025/4271)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: M. Escobar Gómez and E. Sanfrutos Cano, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:






—


declare that the Kingdom of Spain has failed to fulfil its obligations under Articles 13 and 15 of Directive 2008/98/EC: (1)











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for failing to adopt, in a general, systematic and continuous manner, the necessary measures to ensure that waste management is carried out without endangering human health and without harming the environment, and










—


for failing to adopt, in a general, systematic and continuous manner, in connection with illegal landfill waste, the necessary measures to ensure that any original waste producer or other holder carries out the treatment of waste himself or herself or has the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with Articles 4 and 13.










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

In its action, the Commission puts forward two pleas in law alleging a general, systematic and continuous failure to fulfil obligations under Directive 2008/98/EC.






1.


By its first plea in law, the Commission complains that the Kingdom of Spain has failed to comply in a general, systematic and continuous manner with its obligations under Article 13 of Directive 2008/98/EC on the ground that it failed to adopt, over a long period of time, the necessary measures to ensure that waste management is carried out without endangering human health and without harming the environment in a large number of cases (illustrated by a non-exhaustive list of illegal landfills identified in the application).










2.


By its second plea in law, the Commission claims that the Kingdom of Spain has failed to comply in a general, systematic and continuous manner with its obligations under Article 15 of Directive 2008/98/EC on the ground that it failed to adopt, over a long period of time, the necessary measures to ensure that any original waste producer or other holder carries out the treatment of waste himself or herself or has the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with Articles 4 and 13 in a large number of cases (illustrated by a non-exhaustive list of illegal landfills identified in the application).






(1)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 3).


ELI: http://data.europa.eu/eli/C/2025/4271/oj
ISSN 1977-091X (electronic edition)