# C_2008051EN.01000801.xml

| 23.2.2008 | EN | Official Journal of the European Union | C 51/8 |
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23.2.2008

EN

Official Journal of the European Union

C 51/8

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Judgment of the Court (Third Chamber) of 18 December 2007 — Commission of the European Communities v Italian Republic

(Case C-263/05) (1)

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(Failure of a Member State to fulfil obligations - Environment - Directives 75/442/EEC and 91/156/EEC - Concept of ‘waste’ - Substances or objects intended for disposal or recovery operations - Production residues capable of re-use)

(2008/C 51/13)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: M. Konstantinidis and L. Cimaglia, Agents)

Applicant:

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent and G. Fiengo, lawyer)

Defendant:

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 1(a) of Council Directive 75/442 of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) — National law excluding from the scope of the directive certain substances or objects intended for disposal or recovery operations and also certain production waste of which the holder disposes or intends to dispose

Operative part of the judgment

The Court:

| 1) | Declares that the Italian Republic has failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 and Commission Decision 96/350/EC of 24 May 1996, by adopting and maintaining in force Article 14 of Decree-Law No 138 of 8 July 2002 laying down urgent measures concerning taxation, privatisation and control of pharmaceutical expenditure and economic support in disadvantaged areas, now, after amendment, Law No 178 of 8 August 2002, which excludes from the scope of Legislative Decree No 22 of 5 February 1997 implementing Directives 91/156/EEC on waste, 91/689/EEC on hazardous waste and 94/62/EC on packaging and packaging waste the following: (i) substances, objects or goods intended for waste disposal or recovery operations not expressly listed in Annexes B or C to Legislative Decree No 22/97; and (ii) substances or objects forming production residue which the holder intends or is required to discard, where they may be and are re-used in a production or consumption cycle without undergoing prior treatment and without harming the environment, or, if they have undergone prior treatment, provided that that treatment is not one of the recovery operations listed in Annex C to Legislative Decree No 22/97; |
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1)

Declares that the Italian Republic has failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 and Commission Decision 96/350/EC of 24 May 1996, by adopting and maintaining in force Article 14 of Decree-Law No 138 of 8 July 2002 laying down urgent measures concerning taxation, privatisation and control of pharmaceutical expenditure and economic support in disadvantaged areas, now, after amendment, Law No 178 of 8 August 2002, which excludes from the scope of Legislative Decree No 22 of 5 February 1997 implementing Directives 91/156/EEC on waste, 91/689/EEC on hazardous waste and 94/62/EC on packaging and packaging waste the following: (i) substances, objects or goods intended for waste disposal or recovery operations not expressly listed in Annexes B or C to Legislative Decree No 22/97; and (ii) substances or objects forming production residue which the holder intends or is required to discard, where they may be and are re-used in a production or consumption cycle without undergoing prior treatment and without harming the environment, or, if they have undergone prior treatment, provided that that treatment is not one of the recovery operations listed in Annex C to Legislative Decree No 22/97;

| 2) | Orders the Italian Republic to pay the costs. |
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2)

Orders the Italian Republic to pay the costs.

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(1)  OJ C 217, 3.9.2005.

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