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Document 62009CA0120
Case C-120/09: Judgment of the Court (Fifth Chamber) of 17 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfilling of waste — Concept of underground storage , of landfill gas and eluate — Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality — Failure to transpose within the prescribed time limit with regard to the Walloon Region)
Case C-120/09: Judgment of the Court (Fifth Chamber) of 17 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfilling of waste — Concept of underground storage , of landfill gas and eluate — Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality — Failure to transpose within the prescribed time limit with regard to the Walloon Region)
Case C-120/09: Judgment of the Court (Fifth Chamber) of 17 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfilling of waste — Concept of underground storage , of landfill gas and eluate — Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality — Failure to transpose within the prescribed time limit with regard to the Walloon Region)
SL C 51, 27.2.2010, p. 12–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.2.2010 |
EN |
Official Journal of the European Union |
C 51/12 |
Judgment of the Court (Fifth Chamber) of 17 December 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-120/09) (1)
(Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Landfilling of waste - Concept of ‘underground storage’, of ‘landfill gas’ and ‘eluate’ - Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality - Failure to transpose within the prescribed time limit with regard to the Walloon Region)
2010/C 51/18
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: M. van Beek and J.-B. Laignelot, Agents)
Defendant: Kingdom of Belgium (represented by T. Materne, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to transpose fully into Walloon law Article 2(f), (j) and (k) of, and point 4C of Annex III to, Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — Concept of ‘underground storage’, of ‘landfill gas’ and ‘eluate’- Obligation to determine the trigger levels from which it can be considered that the location of the landfill has a significant adverse effect on groundwater quality
Operative part of the judgment
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1. |
By failing to ensure the transposition with regard to the Walloon Region of Article 2(f), (j) and (k) of, and point 4C of Annex III to, Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, the Kingdom of Belgium has failed to fulfil its obligations under that directive. |
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2. |
The Kingdom of Belgium shall bear the costs. |