Judgment — ECLI:EU:C:2007:406
Date: 2007-07-05
Language of the case: Italian
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Waste
Concepts: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 1. Environment – Assessment of the effects of certain projects on the environment –Directive 85/337 (Council Directive 85/337, as amended by Directive 97/11, Arts 2(1) and 4(1), and Annex I) 2. Environment – Waste – Incineration – Directive 2000/76 (European Parliament and Council Directive 2000/76, Art. 12(1)) 1. A Member State which, pursuant to national legislation allowing projects for the recovery of hazardous waste and of non-hazardous waste with a capacity exceeding 100 tonnes per day which are covered by Annex I to Directive 85/337 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11, and are subject to a simplified procedure for the purposes of Article 11 of Directive 75/442, to avoid the environmental impact assessment procedure laid down by Articles 2(1) and 4(1) of Directive 85/337, fails, before granting building authorisation, to apply to a project for an installation for the incineration of waste falling within the category of installations for the incineration or chemical treatment of non-hazardous waste with a capacity exceeding 100 tonnes per day as referred to in point 10 of Annex I to Directive 85/337, the environmental impact assessment procedure laid down by Articles 5 to 10 of Directive 85/337, fails to fulfil its obligations under Articles 2(1) and 4(1) of Directive 85/337. (see paras 50-53, operative part 1) 2. A Member State which does not make accessible to the public, a sufficient time in advance, at one or more locations accessible to the public, to enable the public to comment before the competent authority reaches a decision, a declaration in respect of the commencement of the operations of a project for an installation for the incineration of waste which may be assimilated to an application for a new permit within the meaning of Directive 2000/76 on the incineration of waste, and does not make the decisions relating to that declaration, including a copy of the authorisation, available to the public, fails to fulfil its obligations under Article 12(1) of that directive. (see para. 64, operative part 2)