CJEU C-642/18 / Opinion

Key facts of the case:

The Waste Directive provides for the development of waste management plans and the regular evaluation and revision thereof. The issue to be resolved in the present proceedings is whether Spain has carried out this revision in a timely manner in two regions. In particular, the question is whether the revision is required to be completed within a certain time period. The relevant provision was newly introduced in the Waste Directive and its wording is, unfortunately, not especially clear on this point.

Conclusion:

 54. I therefore propose that the Court give the following ruling:

1. The action is dismissed as inadmissible.
2. The European Commission is ordered to pay the costs of the proceedings.

55.      However, if the Court declares the action to be admissible, it should allow it, at least in part:

1. By not revising the waste management plans concerning the Autonomous Communities of the Balearic Islands and the Canary Islands in accordance with the requirements of the Waste Directive, that is to say within 6 years of the expiry of the period for transposition, the Kingdom of Spain has failed to fulfil its obligations under Article 30(1) of that Directive.
2. The action is dismissed as to the remainder.
3. The European Commission and the Kingdom of Spain each bear their own costs.