This document is an excerpt from the EUR-Lex website
Document 62012CJ0412
Commission v Cyprus
Commission v Cyprus
Court reports – general – 'Information on unpublished decisions' section
Judgment of the Court (Sixth Chamber) of 18 July 2013 — Commission v Cyprus
(Case C-412/12)
‛Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Operation in the absence of a conditioning plan for the site — Obligation to close down the site’
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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) (see para. 12) |
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2. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 15) |
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3. |
Environment — Waste — Landfill of waste — Directive 1999/31 — No closing down of non-conform sites — Failure to fulfil obligations (Council Directive 1999/31, Art. 14) (see para. 17) |
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Continued operation of the landfill sites of Nicosia and Limassol in the absence of conditioning plans for the sites.
Operative part
The Court:
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1. |
Declares that, by failing to close down all the landfill sites for the uncontrolled disposal of waste (XADA) which are operated on its territory or in failing to comply with Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Republic of Cyprus has failed to fulfil its obligations under Article 14 of that directive; |
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2. |
Orders the Republic of Cyprus to pay the costs. |
Judgment of the Court (Sixth Chamber) of 18 July 2013 — Commission v Cyprus
(Case C-412/12)
‛Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Operation in the absence of a conditioning plan for the site — Obligation to close down the site’
|
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) (see para. 12) |
|
2. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 15) |
|
3. |
Environment — Waste — Landfill of waste — Directive 1999/31 — No closing down of non-conform sites — Failure to fulfil obligations (Council Directive 1999/31, Art. 14) (see para. 17) |
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Continued operation of the landfill sites of Nicosia and Limassol in the absence of conditioning plans for the sites.
Operative part
The Court:
|
1. |
Declares that, by failing to close down all the landfill sites for the uncontrolled disposal of waste (XADA) which are operated on its territory or in failing to comply with Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Republic of Cyprus has failed to fulfil its obligations under Article 14 of that directive; |
|
2. |
Orders the Republic of Cyprus to pay the costs. |