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Title:
Amia spa v Provincia Regionale di Palermo.
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
May 24, 2012
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxmbourg
Justice(s):
E. Jarašiūnas (Rapporteur)., E.
Bonichot, J.C.
Schiemann, K.
Bay Larsen,, L.
Toader, C.
Reference number:
C-97/11
ECOLEX subject(s):
Waste & hazardous substances
Legal questions
Environment gen.
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.