CELEX: C2002/031/11
Language: en
Date: 2002-02-02 00:00:00
Title: Case C-446/01: Action brought on 20 November 2001 by the Commission of the European Communities against the Kingdom of Spain

C 31/6                   EN                    Official Journal of the European Communities                                       2.2.2002
Action brought on 20 November 2001 by the Com-                                 (Torreblanca/Malaga, San Lorenzo de Tormes/Avila, Pria-
mission of the European Communities against the                                ranza del Bierzo/León, Sa Roca/Ibiza and Campello/
                         Kingdom of Spain                                      Alicante) are illegal in the absence of any permit satisfying
                                                                               the requirements laid down in Article 9 of Directive
                           (Case C-446/01)                                     75/442/EEC. Moreover, as at 28 April 2000, the deadline
                                                                               under the reasoned opinion for compliance by the
                            (2002/C 31/11)                                     Kingdom of Spain, four of the five waste-disposal sites
                                                                               remained open, given that waste was continuing to be
                                                                               discharged or processed pending construction of other
An action against the Kingdom of Spain was brought before                      installations or site closure. As at that date, however, the
the Court of Justice of the European Communities on 20 No-                     waste-tip at Campello (Alicante) had not yet been sealed.
vember 2001 by the Commission of the European Communi-
ties, represented by Gregorio Valero Jordana, of its Legal                —    Infringement of Article 4 of Directive 75/442/EEC: none
Service, acting as Agent, with an address for service in                       of the five waste-tips are equipped with leachate collection
Luxembourg at the Office of Luis Escobar Guerrero, also of                     and sealing systems, which undeniably produces contami-
the Legal Service, Wagner Centre, Kirchberg.                                   nation of the soil and of any surface or ground water.
                                                                               The risk is exacerbated by the absence of a system for
The applicant claims that the Court should:                                    selecting and separating the different types of waste.
                                                                               Furthermore, the illegal waste-processing plant in Torre-
1.    Declare that, by not adopting the measures necessary in                  blanca/Malaga is located near an urban area, thus
      order to secure, in regard to certain waste-disposal sites,              occasioning nuisances as a result of smells emitted and
      the application of Articles 4, 9 and in its case 13                      smoke produced by the spontaneous combustion of
      of Directive 75/442/EEC (1) on waste, as amended by                      waste.
      Directive 91/156/EEC (2), the Kingdom of Spain has failed
      to fulfil its obligations under that directive.
                                                                          —    Infringement of Article 13 of Directive 75/442/EEC:
2.    Order the Kingdom of Spain to pay the costs.                             the waste-disposal sites at Torreblanca/Malaga and San
                                                                               Lorenzo de Tormes/Avila are not subject to appropriate
                                                                               periodical inspections by the competent authorities.
Pleas in law and main arguments
—     Infringement of Article 9 of Directive 75/442/EEC: the              (1) OJ 1975 L 194, p. 39.
      five waste disposal sites covered by this application               (2) OJ 1991 L 78, p. 32.