Judgment of the Court (Third Chamber) of 12 June 2003.
Commission of the European Communities v Kingdom of Spain.
C-446/01 • 62001CJ0446 • ECLI:EU:C:2003:347
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«(Failure of a Member State to fulfil obligations – Directive 75/442/EEC – Environment – Waste management)»
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation at the end of the period laid down in the reasoned opinion (Art. 226 EC)
JUDGMENT OF THE COURT (Third Chamber) 12 June 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 75/442/EEC – Environment – Waste management))
In Case C-446/01,
applicant,
v
defendant,
APPLICATION for a declaration that, by failing to adopt the measures necessary to ensure, as regards certain waste-disposal sites, the implementation of Articles 4, 9 and, where relevant, 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), the Kingdom of Spain has failed to fulfil its obligations under that directive,
THE COURT (Third Chamber),,
composed of: J.-P. Puissochet, President of the Chamber, C. Gulmann and J.N. Cunha Rodrigues (Rapporteur), Judges,
Advocate General: L.A. Geelhoed,
having regard to the report of the Judge-Rapporteur,
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste.
On those grounds,
THE COURT (Third Chamber)
hereby:
Puissochet
Gulmann
Cunha Rodrigues
Delivered in open court in Luxembourg on 12 June 2003.
R. Grass
J.-P. Puissochet
Registrar
President of the Third Chamber
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