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Case C-515/10: Judgment of the Court (Eighth Chamber) of 1 December 2011 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Decision 2003/33/EC — National legislation — Landfill for inert waste — Acceptance of asbestos- cement waste)
ECLI:EU:UNKNOWN:62010CA0515
62010CA0515
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4.2.2012
Official Journal of the European Union
C 32/11
(Case C-515/10) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Decision 2003/33/EC - National legislation - Landfill for inert waste - Acceptance of asbestos-cement waste)
2012/C 32/19
Language of the case: French
Parties
Applicant: European Commission (represented by: G. Rozet and A. Marghelis, Agents, acting as Agents)
Defendant: French Republic (represented by: G. de Bergues and S. Menez, acting as Agents)
Re:
Failure of a Member State to fulfil its obligations — Incorrect transposition of Article 2(e), the first subparagraph of Article 3 and Article 6(d) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) and the provisions of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ 2002 L 11, p. 27) — National legislation establishing a category of ‘inert and hazardous’ wastes, not in compliance with the directive — Landfill of asbestos-cement waste
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure that asbestos-cement waste is treated in suitable landfills, the French Republic has failed to fulfil its obligations under Article 2(e), the first subparagraph of Article 3 and Article 6(d) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste and the provisions of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31.
2.Orders the French Republic to pay the costs.
(<span class="super">1</span>) OJ C 30, 29.1.2011.