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Document 62010CJ0515

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.
Case C-515/10.

European Court Reports 2011 -00000

ECLI identifier: ECLI:EU:C:2011:801





Judgment of the Court (Eighth Chamber) of 1 December 2011 –Commission v France

(Case C-515/10)

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

Environment – Waste – Landfill of waste – Directive 1999/31 – National legislation providing for the treatment of asbestos-cement waste in landfills for inert waste – Failure to fulfil obligations (Art. 258 TFEU; Council Directive 1999/31, Arts 2(e), 3(1), 6(d) and 16, and Annex II; Council Decision 2003/33, Annex) (see paras 25-26, 28, operative part)

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 accordance with the directive – Landfill of asbestos-cement waste.

Operative part

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.

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