Judgment of the Court (Third Chamber) of 16 July 2015 —
Commission v Bulgaria
(Case C‑145/14) ( 1 )
‛Failure of a Member State to fulfil its obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-hazardous waste — Non-conformity of existing landfills’
1. |
Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Assessment of the expediency of bringing proceedings — To be exercised at its discretion (Art. 258 TFEU) (see para. 24) |
2. |
EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see paras 25-27) |
3. |
Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — Coherent and detailed statement (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 120(c); Council Directive 1999/31, Arts 8 and 14(a) to (c)) (see paras 28-33) |
4. |
Environment — Waste — Landfill of waste — Directive 1999/31 — National measure authorising the exploitation of a landfill without an approved land-use plan — Failure to fulfil obligations (Art. 258 TFEU; Council directive 1999/31, Art. 14(a) to (c)) (see paras 51, 52) |
5. |
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. 55) |
6. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 57) |
7. |
Acts of the institutions — Directives — Implementation by Member States — Need to ensure that directives are effective — Obligations of national courts (Art. 288, third para., TFEU; Council Directive 1999/31) (see para. 58) |
8. |
Environment — Waste — Landfill of waste — Directive 1999/31 — Non-hazardous waste — Non-conformity of existing landfills — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Arts 1 and 14(a) to (c)) (see para. 63, operative part 1) |
Operative part
The Court:
1. |
Declares that, by failing to adopt the necessary measures to ensure that, as from 16 July 2009, the existing landfills for non-hazardous waste in its territory do not continue to function unless they satisfy the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Republic of Bulgaria has failed to fulfil its obligation under Article 14(a) to (c) of that directive; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders the European Commission and the Republic of Bulgaria to bear their own costs. |
( 1 ) OJ C 159, 26.5.2014.
Judgment of the Court (Third Chamber) of 16 July 2015 —
Commission v Bulgaria
(Case C‑145/14) ( 1 )
‛Failure of a Member State to fulfil its obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-hazardous waste — Non-conformity of existing landfills’
1. |
Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Assessment of the expediency of bringing proceedings — To be exercised at its discretion (Art. 258 TFEU) (see para. 24) |
2. |
EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see paras 25-27) |
3. |
Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — Coherent and detailed statement (Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 120(c); Council Directive 1999/31, Arts 8 and 14(a) to (c)) (see paras 28-33) |
4. |
Environment — Waste — Landfill of waste — Directive 1999/31 — National measure authorising the exploitation of a landfill without an approved land-use plan — Failure to fulfil obligations (Art. 258 TFEU; Council directive 1999/31, Art. 14(a) to (c)) (see paras 51, 52) |
5. |
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. 55) |
6. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 57) |
7. |
Acts of the institutions — Directives — Implementation by Member States — Need to ensure that directives are effective — Obligations of national courts (Art. 288, third para., TFEU; Council Directive 1999/31) (see para. 58) |
8. |
Environment — Waste — Landfill of waste — Directive 1999/31 — Non-hazardous waste — Non-conformity of existing landfills — Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Arts 1 and 14(a) to (c)) (see para. 63, operative part 1) |
Operative part
The Court:
1. |
Declares that, by failing to adopt the necessary measures to ensure that, as from 16 July 2009, the existing landfills for non-hazardous waste in its territory do not continue to function unless they satisfy the requirements of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Republic of Bulgaria has failed to fulfil its obligation under Article 14(a) to (c) of that directive; |
2. |
Dismisses the action as to the remainder; |
3. |
Orders the European Commission and the Republic of Bulgaria to bear their own costs. |
( 1 ) OJ C 159, 26.5.2014.