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2018-07 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0405 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL KOKOTT delivered on 11 January 2018' Case C-626/16 European Commission v Slovak Republic (Failure to fulfil obligations - Article 260 TFEU - Failure to comply with the judgment of 25 April 2013, Commission v Slovakia (C-331/11, not published, EU:C:2013:271) - Subject matter of the dispute - Pre-litigation procedure - Request for observations - Directive 99/31/EC - Landfill of waste - Zilina-Povaisk Chlmec waste site) I. Introduction 1. As is known, the pre-litigation procedure provided for in Article 258 TFEU is of great importance for delimitation of the subject matter of the dispute in infringement proceedings. Before the Commission may bring a case before the Court requesting a finding of an infringement of EU law by a Member State, it must first give that Member State an opportunity to respond to the allegation against it by sending it a letter of formal notice. The Commission must then provide a reasoned opinion specifying the alleged infringement and set the Member State a final deadline for bringing the infringement to an end. Only after that can the Commission initiate proceedings, and in such proceedings may only allege infringements which were previously referred to in the letter of formal notice and the reasoned opinion. 2. In the present proceedings, the Court is again2 confronted with the question of the extent to which the requirements developed for Treaty infringement proceedings under Article 258 TFEU are to be carried over to the procedure for enforcement of judgments under Article 260(2) TFEU. In this regard, account must be taken of the differences from Article 228(2) EC, the previously applicable provision, which, like Article 258 TFEU, provided for a letter of formal notice and a reasoned opinion, unlike Article 260(2) TFEU which no longer requires a reasoned opinion. 3. The question also arises of the importance of the definition of the subject matter of the dispute on the basis of the judgment to be enforced. 1 Original language: German. 2 Judgment of 10 September 2009, Commission v Portugal (C-457/07, EU:C:2009:531, paragraph 52 et seq.). ECLJ:EU:C:2018:41 1

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