Judgment — ECLI:EU:C:2008:523
Date: 2008-09-25
Language of the case: Italian
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Concepts: General;Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Seventh Chamber) of 25 September 2008 - Commission of the European Communities v Italian Republic (Case C-368/07) 1 (Failure of a Member State to fulfil obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to develop and implement waste reception and handling plans for all ports) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: K. Simonsson and E. Montaguti, Agents) Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, G. Fiengo and F. Arena, lawyers) Re: Failure of Member State to fulfil obligations - Failure to have adopted, within the prescribed time-limit, all the measures necessary to comply with Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ 2000 L 332, p. 81) Operative part of the judgment The Court hereby: 1. Declares that, by failing to prepare and adopt waste reception and handling plans for every Italian port, the Italian Republic has failed to fulfil its obligations under Article 5(1) and 16(1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues; 2. Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 223, 22.9.2007.