Data source
Date of text
24 May 2012
Country
Seat of court
Luxmbourg
Original language

English

Type of text
International court
Reference number
C-97/11
Court name
European Court of Justice
Justice(s)
E. Jarašiūnas (Rapporteur)., E.
Bonichot, J.C.
Schiemann, K.
Bay Larsen,, L.
Toader, C.
Sources
InforMEA

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.