# C_2005019EN.01000601.xml

| 22.1.2005 | EN | Official Journal of the European Union | C 19/6 |
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22.1.2005

EN

Official Journal of the European Union

C 19/6

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 25 November 2004

in Case C-447/03 Commission of the European Communities v Italian Republic (1)

1

(Failure by a Member State to fulfil its obligations - Environment - Waste management - Factory site and waste in province of Foggia - Directive 75/442/EEC amended by Directive 91/156/EEC - Articles 4 and 8)

(2005/C 19/10)

Language of the case: Italian

In Case C-447/03 Commission of the European Communities (Agents: R. Amorosi and M. Konstantinidis) v Italian Republic (Agent: I.M. Braguglia and M. Fiorilli) – action under Article 226 EC for failure to fulfil obligations, brought on 22 October 2003 – the Court (Fifth Chamber), composed of: C. Gulmann, acting as President of the Fifth Chamber, G. Arestis and J. Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 25 November 2004, in which it:

| 1. | Declares that, by failing to take the necessary measures to ensure that waste, stored or deposited in dumps on the site of the former Enichem Manfredonia factory (province of Foggia, Italy) and at the Pariti I urban waste dump near Manfredonia, is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and by failing to take the necessary measures to ensure that the holder of the waste stored or deposited in dumps on the site of Enichem's former factory, also situated near Manfredonia, and the holder of the waste in the Pariti I dump and Conte di Troia urban waste dump has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or II B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, or recover or dispose of it themselves, the Italian Republic has failed to fulfil its obligations under Article 4 and Article 8 of that directive. |
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1.

Declares that, by failing to take the necessary measures to ensure that waste, stored or deposited in dumps on the site of the former Enichem Manfredonia factory (province of Foggia, Italy) and at the Pariti I urban waste dump near Manfredonia, is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and by failing to take the necessary measures to ensure that the holder of the waste stored or deposited in dumps on the site of Enichem's former factory, also situated near Manfredonia, and the holder of the waste in the Pariti I dump and Conte di Troia urban waste dump has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or II B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, or recover or dispose of it themselves, the Italian Republic has failed to fulfil its obligations under Article 4 and Article 8 of that directive.

| 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 7 of 10.1.2004.

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