14.5.2005

Official Journal of the European Union

C 115/5

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 10 March 2005

in Case C-449/03: Commission of the European Communities against French Republic (1)

(Failure of a member State to fulfil obligations - Management of waste - Waste tip at Saint-Laurent du Maroni - Directives 75/442/EE and 91/156/EEC)

(2005/C 115/10)

Language of the case French

In case C-449/03, action for failure to fulfil obligations brought on 24 October 2003 under Article 226 EC, Commission of the European Communities (Agents: M. Konstantinidis and B. Stromsky) against French Republic (agents: G. de Bergues and D. Petrausch), the Court (Fifth Chamber), composed of R. Silva de Lapuerta (Rapporteur), President of the Chamber, C. Gulmann and J. Klucka, Judges, Advocate General: L. A. Geelhoed, Registrar: R. Grass, has given a judgment on 10 March 2005 in which it:

Declares that,

—	by failing to issue a permit for the operation of the tip for household and equivalent waste situated within the limits of the municipality of Saint-Laurent du Maroni in French Guyana,

—	by refraining from taking the necessary measures to ensure that the waste on the abovementioned tip is treated or disposed of without endangering human health and without using processes or methods which might harm the environment, and

—	by refraining from taking the necessary measures to ensure that the operator of the abovementioned tip itself treats or disposes of waste or has it handled by a private or public waste collector,

the French Republic has failed to fulfil its obligations under Article 9, 4 and 8 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;

2.	Orders French Republic to pay the costs.

(1) OJ C 289, of 29.11.2003.