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.

Subject of the case

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

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.