06.03.2025.
On Thursday, 6 March 2025, the Court of Justice of the EU delivered a judgment in case C-315/23, European Commission v. Republic of Croatia, for failing to remediate the illegal landfill at the Biljane Donje site.The European Commission had requested the imposition of a lump sum of €1,793,400 and a daily penalty of €7,560 until compliance with the judgment. In its ruling, the Court concluded that Croatia had not classified the deposited stone aggregate as waste in order to manage it in accordance with EU law, and ordered Croatia to pay a lump sum of €1 million and a daily penalty of €6,500 for each day of delay. The Croatian side actively participated in the process, resulting in a financial penalty significantly lower than that sought by the European Commission.
The slag, generated by the operations of the former company TEF, was disposed of at Biljane Donje from 2010 to 2011, having been transported from the Šibenik area. The company responsible for disposal failed to comply with the decisions of the environmental inspectorate at the time.
In line with the requirements of the competent authorities, since 2018 several assessments were carried out to explore the possibility of using the slag in construction, with the aim of reducing potential financial damage and protecting the property interests of the Republic of Croatia. A public call for the sale of the material was published in 2023, but no bids were submitted. Subsequently, in 2023, the Government of Croatia adopted a Conclusion obliging the competent Ministry and the Environmental Protection and Energy Efficiency Fund to adopt a decision on the remediation of the contaminated site, secure the necessary funding, and implement the remediation.
In 2024, the Environmental Protection and Energy Efficiency Fund conducted a public procurement procedure for the removal of the slag. After the selection of a contractor, a consortium of bidders lodged an appeal, which was rejected by the State Commission for the Supervision of Public Procurement Procedures, and the same consortium later filed a lawsuit, which was also dismissed by the High Administrative Court.
During the process of gathering opinions for granting final approval of the decision to conclude the procurement contract, the competent authority for safeguarding Croatia’s property interests submitted an opinion that it was necessary to further examine the possibility of using the slag as a mineral raw material. Final consultations on this matter are currently underway.
The Ministry of Environmental Protection and Green Transition and the Environmental Protection and Energy Efficiency Fund are carrying out all activities to ensure the prompt removal of the deposited slag from the Biljane Donje site and will continue to keep the public regularly informed.
