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Case C-642/18: Action brought on 12 October 2018 — European Commission v Kingdom of Spain
ECLI:EU:UNKNOWN:62018CN0642
62018CN0642
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Valentina R., lawyer
10.12.2018
EN
Official Journal of the European Union
C 445/12
(Case C-642/18)
(2018/C 445/15)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: S. Pardo Quintillán, E. Sanfrutos Cano and F. Thiran, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
The applicant claims that the Court should:
—declare, in accordance with the first paragraph of Article 258 of the Treaty on the Functioning of the European Union,
—that, by not adopting waste management plans in accordance with the requirements of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, (1) or by not having revised those plans in accordance with Directive 2008/98/EC concerning the Autonomous Communities of Aragon, the Balearic Islands, the Canary Islands, Madrid and the Autonomous City of Ceuta, the Kingdom of Spain has failed to fulfil its obligations under Article 28(1) and Article 30(1) of Directive 2008/98/EC; and
—that, by not officially informing the Commission of the adoption or revision of the waste management plans concerning the Autonomous Communities of Aragon, the Balearic Islands, the Canary Islands, Madrid and the Autonomous City of Ceuta, the Kingdom of Spain has failed to fulfil its obligations under Article 33(1) of Directive 2008/98/EC;
—order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
The Commission submits that the Kingdom of Spain has failed to fulfil its obligations under the abovementioned subparagraphs and articles of Directive 2008/98/EC by not adopting the required measures before 14 September 2017, the date laid down in its reasoned opinion of 14 July 2017.
(1) OJ 2008 L 312, p. 3.