Judgment of the Court (Seventh Chamber) of 6 March 2025 – European Commission v Republic of Croatia

(Case C-315/23,  (1) (Biljane Donje landfill II))

(Failure of a Member State to fulfil obligations - Article 260(2) TFEU - Waste treatment - Directive 2008/98/EC - Stone aggregate deposited in the Biljane Donje (Croatia) landfill site - Article 5(1) - Concept of ‘by-product’ - Article 13 - Obligation of Member States to ensure the protection of human health and of the environment - Article 15(1) - Obligation to have waste treated by the holder or by other designated persons - Judgment of the Court establishing a failure to fulfil obligations - Failure to comply - Financial penalties - Lump sum payment - Penalty payment)

(C/2025/2341)

Language of the case: Croatian

Parties

Applicant: European Commission (represented by: M. Escobar Gómez, M. Mataija and P. Ondrůšek, acting as Agents)

Defendant: Republic of Croatia (represented by: G. Vidović Mesarek, acting as Agent)

Operative part of the judgment

The Court:

1.	Declares that, by failing to take all the measures necessary to comply with the judgment of 2 May 2019, Commission v Croatia (Biljane Donje landfill) (C-250/18, EU:C:2019:343), the Republic of Croatia has failed to fulfil its obligations under Article 260(1) TFEU;

2.	Orders the Republic of Croatia to pay the European Commission a lump sum in the amount of EUR 1 000 000;

3.

Orders the Republic of Croatia to pay the European Commission, from the date of delivery of the present judgment until compliance with the judgment of 2 May 2019, Commission v Croatia (Biljane Donje landfill) (C-250/18, EU:C:2019:343), in the event that the failure to fulfil obligations established in point 1 of the operative part of the present judgment continues until that day, a penalty payment of EUR 6 500 per day of delay in implementing the measures necessary to comply with the judgment of 2 May 2019, Commission v Croatia (Biljane Donje landfill) (C-250/18, EU:C:2019:343);

4.	Orders the Republic of Croatia to pay the costs.

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(1)  OJ C C/2023/943.