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Document 62005CJ0423

Judgment of the Court (Seventh Chamber) of 29 March 2007.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil obligations - Waste management - Directives 75/442/EEC and 1999/31/EC - Unlawful or unsupervised landfill sites.
Case C-423/05.

European Court Reports 2007 I-00047*

ECLI identifier: ECLI:EU:C:2007:198





Judgment of the Court (Seventh Chamber) of 29 March 2007 – Commission v France

(Case C‑423/05)

Failure of a Member State to fulfil obligations – Waste management – Directives 75/442/EEC and 1999/31/EC – Unlawful or unsupervised landfill sites

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see point 11)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 (OJ 1975 L 194, p. 39) on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32) and Article 14(a), (b) and (c) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) – Failure to take necessary measures to close down or upgrade unlawful or unsupervised landfill sites.

Operative part

 

By failing to adopt all the laws, regulations and administrative provisions necessary to comply with Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, and Article 14(a), (b) and (c) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the French Republic has failed to fulfil its obligations under those provisions.

 

The French Republic is ordered to pay the costs.

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