Original language
English
Country
European Union
Date of text
Status
Unknown
Type of court
International court
Sources
Court name
European Court of Justice
Seat of court
Luxmbourg
Reference number
C-97/11
Files
Justice(s)
E. Jaraiūnas (Rapporteur)., E.
Bonichot, J.C.
Schiemann, K.
Bay Larsen,, L.
Toader, C.
Abstract
In its judgment, the ECJ confirmed that Article 10 of Directive 1999/31 and Articles 1 to 3 of Directive 2000/35 have direct effect. Article 10 demands that Member States take measures to ensure that costs of landfill sites establishment, operation, and closure shall be covered by the price to be charged by the operator for the disposal of any type of waste in that site. This obligation is unconditional and sufficiently precise to have direct effect. Since the sums owed to the operator of a landfill site by a local authority which has deposited waste in the landfill, such as the sums due by way of reimbursement of a levy, come within the scope of Directive 2000/35, it follows that, in the case of late payment, the landfill operator may charge the local authority interest on those sums for which the local authority is liable.