Commission v France: ECJ 2 May 2002

Failure by a Member State to fulfil its obligations – Environment – Waste – Directives 75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC – Waste management plans: ‘ . . considering the objectives pursued by the obligation laid down in Article 7(1) of . . [the Waste Framework Directive], it is clear from the very wording of that provision that the obligation is necessary in order for the objectives set out in Articles 3,4 and 5 of that directive to be fully attained (see, by analogy, Case C-387/97 Commission v Greece [2000] ECR O-5057, paragraph 95). Chief among those objectives is the protection of public health and the environment, which is the essence of Community legislation relating to waste. That is the reason why, according to the case-law, a failure to fulfil the obligation to draw up waste management plans must be regarded as serious, even if the failure relates to only a very small part of a Member State’s territory, such as a single department . . or a single area within a valley . . ‘
[2002] ECR I-04097, [2002] EUECJ C-292/99
Bailii
European
Cited by:
CitedDerbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 July 2021; Ref: scu.171342