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
1. |
| 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. |
2. |
| The French Republic is ordered to pay the costs. |