CELEX: C2004/179/02
Language: en
Date: 2004-07-10 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 27 May 2004 in Case C-398/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Environment — Management of waste)

10.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/1
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 27 May 2004
   in Case C-398/02: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Environment - Management of waste)
   (2004/C 179/02)
   Language of the case: Spanish
   In Case C-398/02: Commission of the European Communities (Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom of Spain (Agent: L. Fraguas Gadea) — application for a declaration that, by failing to adopt the measures necessary to ensure, as regards the landfill located at La Baneza (Spain), the implementation 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), the Kingdom of Spain has failed to fulfil its obligations under that directive — the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues (Rapporteur), President of the Chamber, J.-P. Puissochet and  F. Macken, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 27 May 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the measures necessary to ensure, as regards the landfill located at La Bañeza (Spain), the implementation 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, the Kingdom of Spain has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 323, 21.12.2002.