Judgment of the Court (Tenth Chamber) of 27 April 2017

1. Actions for failure to fulfil obligationsExamination of the merits by the CourtSituation to be taken into considerationSituation on expiry of the period laid down in the reasoned opinion

(Art. 258 TFEU)

(see para. 37)

2. Actions for failure to fulfil obligationsProof of failureBurden of proof on CommissionProduction of evidence showing failureIncumbent on Member State concerned to refute evidence

(Art. 258 TFEU)

(see para. 38)

3. EnvironmentWasteLandfill of wasteDirective 1999/31Obligation to ensure the stability of the landfill bodyScopeExceeding the maximum height laid down by national lawFailure to fulfil obligationsInfringement of the obligations to ensure the conformity of landfill sites with the requirements of the directive and the procedure for accepting waste at a landfill site

(Council Directive 1999/31, Arts 8(a) and 11(1) and Annex I, point 6)

(see paras 42-44)

4. EnvironmentWasteDirective 2008/98Obligation on Member States to ensure that waste is recovered or disposed ofObligation to achieve a resultDiscretion of the Member States regarding the measures to be takenLimitsContinuation of a non-compatible situation over a prolonged period leading to a significant deterioration in the environmentFailure to fulfil obligations

(European Parliament and Council Directive 2008/98, Art. 13)

(see paras 47-49)

5. Member StatesObligationsImplementation of directivesFailure to fulfil obligationsNational system pleaded as justificationNot permissible

(Art. 258 TFEU)

(see para. 52)

Operative part

The Court:

1. Declares that, by tolerating the operation of the waste disposal site in Temploni (Greece), which does not satisfy the conditions and requirements laid down in the environmental legislation of the European Union, the Hellenic Republic has failed to fulfil its obligations under Article 13 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, and Article 8(a), Article 11(1) and Annex I to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste;

2. Orders the Hellenic Republic to pay the costs.