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Judgment of the Court (Fifth Chamber) of 17 December 2009. # European Commission v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Landfilling of waste - Concept of ‘underground storage’, ‘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.
ECLI:EU:C:2009:802
62009CJ0120
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(Case C-120/09)
Failure of a Member State to fulfil obligations – Directive 1999/31/EC – Landfilling of waste – Concept of ‘underground storage’, ‘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
4. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 226 EC) (see para. 37)
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
The Court:
1.Declares that, 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;
2.Orders the Kingdom of Belgium to bear the costs.