17.7.2010

EN

Official Journal of the European Union

C 195/3

(Case C-192/10)

2010/C 195/05

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: S. Pardo Quintillán and A. Marghelis, Agents)

Defendant: Kingdom of Spain

Form of order sought

—declare that the Kingdom of Spain, by failing to adopt the measures necessary to ensure the fulfilment of the obligations relating to the closure and monitoring and control in the aftercare phase of the Cova da Loba landfill site, situated in O Grove (Pontevedra, Galicia), has not complied with its obligations under Articles 13 and 14 of Council Directive 1999/31/EC (1) of 26 April 1999 on the landfill of waste;

—order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

1.The main purpose of Directive 1999/31/EC is to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.

2.As is apparent from the information communicated by the competent Spanish authorities, the Cova da Loba landfill site was authorised in 2000. It is, thus, an existing landfill site for the purposes of Article 14 of Directive 1999/31/EC.

3.The Cova da Loba landfill site was abandoned without closure or ensuring its monitoring and control in the aftercare phase, as laid down in Article 13 of the directive.

4.Thus, it follows from the information transmitted by the Spanish authorities that the closure of the Cova da Loba landfill site has not yet been completed. The situation of that landfill site thus infringes, on the basis of the foregoing considerations, what is laid down in Article 14 of Directive 1999/31/EC.

(1) OJ 1999 L 182, p. 1.

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