CELEX: 62018CN0642
Language: en
Date: 2018-10-12 00:00:00
Title: Case C-642/18: Action brought on 12 October 2018 — European Commission v Kingdom of Spain

10.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 445/12
            
         
      Action brought on 12 October 2018 — European Commission v Kingdom of Spain
      (Case C-642/18)
      (2018/C 445/15)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: European Commission (represented by: S. Pardo Quintillán, E. Sanfrutos Cano and F. Thiran, acting as Agents)
      
         Defendant: Kingdom of Spain
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  declare, in accordance with the first paragraph of Article 258 of the Treaty on the Functioning of the European Union,
                  
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                              that, by not adopting waste management plans in accordance with the requirements of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, (1) or by not having revised those plans in accordance with Directive 2008/98/EC concerning the Autonomous Communities of Aragon, the Balearic Islands, the Canary Islands, Madrid and the Autonomous City of Ceuta, the Kingdom of Spain has failed to fulfil its obligations under Article 28(1) and Article 30(1) of Directive 2008/98/EC; and
                           
                        
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                              that, by not officially informing the Commission of the adoption or revision of the waste management plans concerning the Autonomous Communities of Aragon, the Balearic Islands, the Canary Islands, Madrid and the Autonomous City of Ceuta, the Kingdom of Spain has failed to fulfil its obligations under Article 33(1) of Directive 2008/98/EC;
                           
                        
            
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                  order the Kingdom of Spain to pay the costs.
               
            
         Pleas in law and main arguments
      
      The Commission submits that the Kingdom of Spain has failed to fulfil its obligations under the abovementioned subparagraphs and articles of Directive 2008/98/EC by not adopting the required measures before 14 September 2017, the date laid down in its reasoned opinion of 14 July 2017.
      
         (1)  OJ 2008 L 312, p. 3.