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Document 62010CJ0035

    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.

    European Court Reports 2010 I-00105*

    ECLI identifier: ECLI:EU:C:2010:464





    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.

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