37Next, so far as concerns, more specifically, the determination as to the infringement by a Member State of Article 4 of Directive 75/442, it is important to note that that article provides that Member States are to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, without however specifying the actual content of the measures which must be taken in order to ensure that such objective is attained. It is none the less true that the provision is binding on the Member States as to the objective to be achieved, whilst leaving to the Member States a margin of discretion in assessing the need for such measures (Case C-365/97 Commission y Italy (‘San Rocco’) [1999] ECR I-7773, paragraph 67). It cannot, therefore, in principle, be directly inferred from the fact that a situation is not in conformity with the objectives laid down in Article 4 of Directive 75/442 that the Member State concerned has necessarily failed to fulfil its obligations under that provision. Nevertheless, it is established that if that situation persists and leads in particular to a significant deterioration in the environment over a protracted period without any action being taken by the competent authorities, it may be an indication that the Member States have exceeded the discretion conferred on them by that provision (San Rocco, paragraphs 67 and 68).
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