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Judgment of the Court (Seventh Chamber) of 24 May 2007. # Commission of the European Communities v Kingdom of Spain. # Failure by a Member State to fulfil its obligations - Waste management - Directives 75/442/EEC and 1999/31/EC - Illegal and uncontrolled waste tips - Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón. # Case C-361/05.
ECLI:EU:C:2007:298
62005CJ0361
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(Case C‑361/05)
Failure of a Member State to fulfil its obligations – Waste management – Directives 75/442/EEC and 1999/31/EC – Illegal and uncontrolled waste tips – Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón
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 para. 22)
Re:
Failure of a Member State to fulfil its obligations – Infringement of Articles 4, 9 and 13 of Council Directive 75/442/EEC, of 15 July 1975, on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) – Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón, situated in La Mojonera.
Operative part
The Court:
Declares that, by failing to adopt, within the prescribed period, the necessary provisions to ensure application of Articles 4, 9 and 13 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 of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, with regard to the waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón (Province of Almería), the Kingdom of Spain has failed to fulfil its obligations under those provisions;
Orders the Kingdom of Spain to pay the costs.