CELEX: 62007CJ0283
Failure of a Member State to fulfil obligations
Directive 75/442/EEC
Article 1
Concept of ‘waste’
Scrap intended for use in iron and steel activities
High-quality refuse-derived fuel
Incorrect transposition

Failure of a Member State to fulfil obligations – Infringement of Article 1(a) of Council Directive 75/442/EEC of 15 July
1975 on waste (OJ 1975 L 194, p. 47), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) –
Refuse derived fuel (RDF) and scrap intended for use in iron and steel and metallurgical activities – Exclusion from the scope
of the national implementing law.
Operative part
The Court:
1.                     Declares that, by adopting and maintaining in force provisions such as:
–        Article 1(25) to (27) and (29)(a) of Law No 308 of 15 December 2004 delegating power to the government to reform, coordinate
and supplement legislation in environmental matters and direct implementation measures, and
–        Article 1(29)(b) of Law No 308 of 15 December 2004 and Articles 183(1)(s) and 229(2) of Legislative Decree No 152 of 3 April
2006 laying down rules in environmental matters,
under which certain scrap intended for use in iron and steel and metallurgical activities and high-quality refuse-derived
fuel (RDF-Q) respectively are excluded a priori from the scope of the Italian legislation on waste transposing Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Italian Republic has
failed to fulfil its obligations under Article 1(a) of that directive;
2.                     Orders the Italian Republic to pay the costs.