Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2006/21/EC Protection of the environment Waste management Mining extraction
Sumário
Judgment of the Court (Eighth Chamber) of 29 July 2010.
European Commission v French Republic.
Failure of a Member State to fulfil obligations - Directive 2006/21/EC - Protection of the environment - Waste management - Mining extraction - Failure to transpose within the prescribed period.
Case C-35/10.
Texto da decisão
Judgment of the Court (Eighth Chamber) of 29 July 2010 – Commission v France
(Case C-35/10)
Failure of a Member State to fulfil obligations – Directive 2006/21/EC – Protection of the environment – Waste management – Mining extraction – Failure to transpose within the prescribed period
1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU; European Parliament and Council Directive 2006/21) (see paras 15-17)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 258 TFEU) (see para. 18)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (OJ 2006 L 102, p. 15). |
Operative part
The Court:
|
1. |
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC, the French Republic has failed to fulfil its obligations under that directive; |
|
2. |
Orders the French Republic to pay the costs. |