CELEX: 62010CJ0035
Language: en
Date: 2010-07-29 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 29 July 2010. # European Commission v French Republic. # Failure of a Member State to fulfil obligations - Directive 2006/21/EC - Protection of the environment - Waste management - Mining extraction - Failure to transpose within the prescribed period. # Case C-35/10.

Judgment of the Court (Eighth Chamber) of 29 July 2010 – Commission v France
      (Case C-35/10)
      Failure of a Member State to fulfil obligations – Directive 2006/21/EC – Protection of the environment – Waste management – Mining extraction – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; European Parliament and Council Directive
            2006/21) (see paras 15-17)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 258 TFEU) (see para. 18)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste
                  from extractive industries and amending Directive 2004/35/EC (OJ 2006 L 102, p. 15).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste
                     from extractive industries and amending Directive 2004/35/EC, the French Republic has failed to fulfil its obligations under
                     that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the French Republic to pay the costs.