Judgment of the Court (Third Chamber) of 10 June 2010.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil its obligations - Environment - Management of illegally disposed of waste - Directive 2006/12/EC - Directive 80/68/EEC.#Case C-37/09.

Subject of the case

Re:

Failure of a Member State to fulfil its obligations – Infringement of Articles 4 and 5 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9), which codified Directive 75/442/EEC on waste and Articles 3 and 5 of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ 1980 L 20, p. 43) – Landfill of waste in disused quarries – ‘dos Limas, dos Linos e dos Barreiras’ quarries (Lourosa) – Lack of scrutiny.

Operative part

Operative part

The Court:

1. Declares that, by failing to adopt all the measures necessary in connection with the management of waste illegally placed in the old quarries of Limas and Linos, situated in the commune of Lourosa, the Portuguese Republic has failed to fulfil its obligations under Articles 4 and 8, respectively, of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, which codified Directive 75/442/EEC on waste and Articles 3 and 5 of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances;

2. Dismisses the remainder of the action;

3. Orders the Republic of Portugal to bear its own costs and to pay two-thirds of the costs incurred by the Commission. Orders the Commission to bear one-third of its own costs.