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Case C-120/09: Judgment of the Court (Fifth Chamber) of 17 December 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfilling of waste — 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 — Failure to transpose within the prescribed time limit with regard to the Walloon Region)
ECLI:EU:UNKNOWN:62009CA0120
62009CA0120
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27.2.2010
Official Journal of the European Union
C 51/12
(Case C-120/09)(Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Landfilling of waste - 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 - Failure to transpose within the prescribed time limit with regard to the Walloon Region)
2010/C 51/18
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: M. van Beek and J.-B. Laignelot, Agents)
Defendant: Kingdom of Belgium (represented by T. Materne, Agent)
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 of the judgment
1.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.The Kingdom of Belgium shall bear the costs.
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Language of the case: French.
* * *
(1) OJ C 141 of 20.06.2009