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Document C2005/296/30
Case C-361/05: Action brought on 26 September 2005 by the Commission of the European Communities against the Kingdom of Spain
Case C-361/05: Action brought on 26 September 2005 by the Commission of the European Communities against the Kingdom of Spain
Case C-361/05: Action brought on 26 September 2005 by the Commission of the European Communities against the Kingdom of Spain
OJ C 296, 26.11.2005, p. 16–16
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
26.11.2005 |
EN |
Official Journal of the European Union |
C 296/16 |
Action brought on 26 September 2005 by the Commission of the European Communities against the Kingdom of Spain
(Case C-361/05)
(2005/C 296/30)
Language of the case: Spanish
An action against the Kingdom of Spain was brought before the Court of Justice of the European Communities on 26 September 2005 by the Commission of the European Communities, represented by I. Martínez del Peral and M. Konstantinidis, acting as Agents, with an address for service in Luxembourg.
The Commission claims that the Court should:
1. |
declare that
the Kingdom of Spain has failed to fulfil its obligations under the provisions cited in the previous paragraph; |
2. |
order the Kingdom of Spain to pay the costs. |
Pleas in law and main arguments
The persistence of the problem with those landfill sites has led to significant degradation of the environment over a prolonged period of time, and without any intervention by the competent authorities, in spite of requests by the Commission.
The waste in the illegal landfill sites releases into the soil, air and water chemical substances which endanger human health, contaminates surface and ground waters and the atmosphere, as well as plants and animals. Moreover, the illegal incineration and the fires which ignite spontaneously because of the inflammable nature of the waste in the unsupervised landfill sites give rise to many fires with disastrous consequences for the environment.
(1) of 15 July 1975 on waste, OJ L 194 of 25.7.75, p. 39.
(2) of 18 March 1991OJ L 78 of 26.3.1991, p. 32.
(3) of 26 April 1999, on the landfill of waste, OJ l 182 of 16.7.1999, p. 1.