EN Official Journal of the European Union C 338/12

Action brought on 17 August 2017 — European Commission v Italian Republic

(Case C-498/17)

(2017/C 338/12)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: G. Gattinara and E. Sanfrutos, acting as Agents)

Defendants: Italian Republic

Form of order sought

— Declare that, by failing to adopt all the measures necessary to close down, as soon as possible, in accordance with Articles 7(g) and 13 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1), sites which have not been granted, in accordance with Article 8 of the directive, a permit to continue to operate, or by failing to take the measures necessary to ensure that sites which have obtained a permit to continue to operate comply with the requirements laid down in that directive, with the exception of the requirements set out in point 1 of Annex I to the directive, the Italian Republic has failed to fulfil its obligations under the second sentence of Article 14(b) and Article 14(c) of the directive, in so far as concerns the following landfill sites: (1) Avigliano (Loc. Serre Le Brecce); (2) Ferrandina (Loc. Venita); (3) Genzano di Lucania (Loc. Matinella); (4) Latronico (Loc. Torre); (5) Lauria (Loc. Carpineto); (6) Maratea (Loc. Montescuro); (7) Moliterno (Loc. Tempa La Guarella); (8) Potenza (Loc. Montegrosso-Pallareta: site scheduled for closure in September 2016); (9) Potenza (Loc. Montegrosso-Pallareta), site said never to have been used; (10) Rapolla (Loc. Albero in Piano); (11) Roccanova (Loc. Serre); (12) Sant’Angelo Le Fratte (Loc. Farisi); (13) Campotosto (Loc. Reperduso); (14) Capistrello (Loc. Trasolero); (15) Francavilla (Valle Anzuca); (16) L’Aquila (Loc. Ponte delle Grotte); (17) Andria (D’Oria G.& C. s.n.c); (18) Canosa (CO.BE.MA); (19) Bisceglie (CO.GE.SER); (20) Andria (F.lli Acquaviva); (21) Trani (BAT-Igea s.r.l.); (22) Torviscosa (Società Caffaro);

— declare that, by failing to adopt all the measures necessary to close down, as soon as possible, in accordance with Articles 7(g) and 13 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, sites which have not been granted, in accordance with Article 8 of the directive, a permit to continue to operate, the Italian Republic has failed to fulfil its obligations under the second sentence of Article 14(b) of that directive, in so far as concerns the following landfill sites: (23) Atella (Loc. Cafaro); (24) Corleto Perticara (Loc. Tempa Masone); (25) Marsico Nuovo (Loc. Galaino); (26) Matera (Loc. La Martella); (27) Pescopagano (Loc. Domacchia); (28) Rionero in Volture (Loc. Ventaruolo); (29) Salandra (Loc. Piano del Governo); (30) San Mauro Forte (Loc. Priati); (31) Senise (Loc. Palomabara); (32) Tito (Loc. Aia dei Monaci); (33) Tito (Loc. Valle del Forno); (34) Capestrano (Loc. Tirassegno); (35) Castellalto (Loc. Colle Coccu);(36) Castelvecchio Calvisio (Loc. Termine); (37) Corfinio (Loc. Cannucce); (38) Corfinio (Loc. Case querceto);(39) Mosciano S. Angelo (Loc. Santa Assunta); (40) S. Omero (Loc. Ficcadenti); (41) Montecorvino Pugliano (Loc. Parapoti); (42) San Bartolomeo in Galdo (Loc. Serra Pastore); (43) Trivigano (ex Cava Zof); (44) Torviscosa (Loc. La Valletta);

— order Italian Republic to pay the costs.

Pleas in law and main arguments

Article 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste makes provision for ‘existing’ landfill sites, that is landfills which had already been granted a permit or which were already in operation before 16 July 2001, the date by which the Directive 1999/31/EC was to be transposed into national law pursuant to Article 18(1) of the directive. With regard to such landfill sites, Article 14 of the directive provides that, by 16 July 2009, the competent authorities of the Member State were to have either carried out the work necessary for the conditioning of the site, in order to ensure that it complies with the requirements laid down in the directive (Article 14(c)), or to have definitively closed down the site (second sentence of Article 14(b)).

The Commission is of the view that it is apparent from the information provided by the Italian Republic during the pre-litigation stage of the procedure that neither of those two obligations has been complied with in so far as concerns 44 existing landfill sites, with the result that, in respect of those sites, the Italian Republic has failed to fulfil its obligations under the second sentence of Article 14(b) and under Article 14(c) of Directive 1999/31/EC.