Judgment of the Court (Third Chamber) of 10 June 2010 – Commission v Portugal

(Case C-37/09)

Failure of a Member State to fulfil its obligations – Environment – Management of waste illegally tipped – Directive 2006/12/EC – Directive 80/68/EEC

1.                     Action for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission – Presumptions – Not permissible (Art. 226 EC) (see para. 28)

2.                     Environment – Waste – Directive 2006/12 – Duty of the Member States to ensure that waste is recovered or disposed of – Obligation to achieve a result – Discretion of the Member States concerning the measures to be taken – Limits (European Parliament and Council Directive 2006/12, Art. 4) (see paras 35-39, 44)

3.                     Environment – Waste – Directive 2006/12 – Duties of the Member States in respect of holders of waste – Meaning of holder of waste – Holders of unauthorised waste-tips – Included (Art. 174(2), EC; European Parliament and Council Directive 2006/12, Art. 8) (see paras 46-51, 53-55)

4.                     Approximation of laws – Protection of groundwater – Directive 80/68 – Scope – Actions leading to indirect discharges of substances in list II of the Directive – Included (Art. 174(2), EC; Council Directive 80/68, Arts 3 and 5) (see paras 64-66)

5.                     Approximation of laws – Protection of groundwater – Directive 80/68 – Duty of the Member States to limit the introduction into groundwater of substances in list II of the Directive – Obligation to make subject to prior investigation any direct discharge of those substances – Waste put into landfill although no technical precautions taken to avoid polluting that water – Failure to fulfil obligations (Council Directive 80/68, Arts 3(b), and 5) (see paras 74-78)

Re:

Operative part

The Court: