EuGH · C-361/05

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil its obligations – Infringement of Articles 4, 9 and 13 of Council Directive 75/442/EEC, of 15 July 1975, on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) – Waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón, situated in La Mojonera. Operative part Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the necessary provisions to ensure application of Articles 4, 9 and 13 of Council Directive 75/442/EEC of 15 July 1975 on waste – as amended by Council Directive 91/156/EEC of 18 March 1991 – and of Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, with regard to the waste tips at Níjar, Hoyo de Miguel and Cueva del Mojón (Province of Almería), the Kingdom of Spain has failed to fulfil its obligations under those provisions; 2. Orders the Kingdom of Spain to pay the costs.