Judgment of the Court (Second Chamber) 24 January 2002 in Case C-466/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste — Directives 75/442/EEC, 91/689/EEC and 94/62/EC — Waste management plans)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, dangerous substance, packaging, waste disposal

C 84/14

EN

Official Journal of the European Communities

6.4.2002

— Articles 6, 7 and 23 of Provincial Law No 35 of the
Autonomous Province of Trento of 2 September
1978,

the Italian Republic has failed to fulfil its obligations under
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
Article 45 EC), Articles 56 and 57 of the EC Treaty (now, after
amendment, Articles 46 EC and 47 EC) and Article 58 of the
EC Treaty (now Article 48 EC),

THE COURT (Fifth Chamber), composed of: P. Jann, President
of the Chamber, S. von Bahr (Rapporteur), A. La Pergola,
L. Sevo´ n and M. Wathelet, Judges, Advocate General: S. Alber,
Registrar: R. Grass, has given a judgment on 15 January 2002,
in which it:

1. Declares that by retaining the following provisions:

— Article 2, first paragraph, and Article 7 of Royal Decree

No 454 of 29 January 1934;

— Article 3 of Presidential Decree No 7 of 15 January

1972;

— Article 2(c) and (d), Article 3, first paragraph, (b) and (c),
and Article 5, first paragraph, (a), of Regional Law
No 12 of Liguria of 3 November 1972;

— Article 8, paragraph 1(d), of Regional Law No 35 of

Veneto of 2 August 1988;

— Article 8,

second paragraph, and Article 11,

first
paragraph, of Regional Law No 43 of Emilia-Romagna
of 26 May 1980, and

— Articles 5, 13, 14 and 15,

first paragraph, (a), of
Regional Law No 10 of Friuli Veneto Giulia of 23 Febru-
ary 1981,

the Italian Republic has failed to fulfil its obligations under
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
Article 45 EC), Articles 56 and 57 of the EC Treaty (now,
after amendment, Articles 46 EC and 47 EC) and Article 58
of the EC Treaty (now Article 48 EC);

— Article 2, first paragraph, of Presidential Decree No 7 of

3. Dismisses the remainder of the action;

15 January 1972;

4. Orders the Italian Republic to pay the costs.

— Article 2, paragraphs 4, 6 and 7, of Presidential Decree

No 390 of 18 April 1994;

(1) OJ C 47 of 19.2.2000.

— Article 4 of Regional Law No 40 of Liguria of 14 July

1978;

— Article 6, paragraph 1(e), (f) and (h), and Article 7 of
Regional Law No 35 of Veneto of 2 August 1988;

— Article 4, Article 5, sixth paragraph, (a) and (c), Article 6,
first paragraph, Article 8, first and second paragraphs,
and Article 16, first paragraph, of Regional Law No 43
of Emilia-Romagna of 26 May 1980;

JUDGMENT OF THE COURT

(Second Chamber)

24 January 2002

in Case C-466/99: Commission of the European Communi-
ties v Italian Republic (1)

— Article 4, paragraph 1(c) and paragraph 2, and
Article 15, paragraph 3, of Regional Law No 45 of
Lombardy of 29 April 1980;

(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC,
91/689/EEC and 94/62/EC — Waste management plans)

— Articles 3, 4 and 8, last paragraph, of Regional Law
No 10 of Friuli Veneto Giulia of 23 February 1981, and

— Articles 3, 5 and 12 of Provincial Law No 35 of the

Autonomous Province of Trento of 2 September 1978,

the Italian Republic has failed to fulfil its obligations under
Article 59 of the EC Treaty (now, after amendment, Article 49
the EC Treaty (now Article 50 EC),
EC), Article 60 of
Articles 61, 63 and 64 of
the EC Treaty (now, after
amendment, Articles 51 EC, 52 EC and 53 EC) and Articles 65
and 66 of the EC Treaty (now Articles 54 EC and 55 EC);

2. Declares that by retaining the following provisions:

(2002/C 84/22)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-466/99, Commission of the European Communities
(agents: L. Ström and G. Bisogni) v Italian Republic (agent:
U. Leanza, assisted by P. G. Ferri): Application for a declaration
that, by not
forwarding to the Commission information
concerning plans for the management and disposal of waste,
hazardous waste, packaging and packaging waste, the Italian
Republic has failed to fulfil its obligations under Article 7 of

6.4.2002

EN

Official Journal of the European Communities

C 84/15

Council Directive 75/442/EEC 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), Article 6
of Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste (OJ
1994 L 365, p. 10), the Court (Second Chamber), composed
of: N. Colneric, President of the Chamber, R. Schintgen and
V. Skouris (Rapporteur), Judges, Advocate General: J. Mischo,
Registrar: H. von Holstein, Deputy Registrar, has given a
judgment on 24 January 2002, in which it has ruled:

1. Declares that, by not forwarding to the Commission information
concerning plans for the management and disposal of waste
and hazardous waste in respect of the regions of Sicily and
Basilicata, or information concerning plans for the management
of packaging and packaging waste in respect of all the Italian
regions, the Italian Republic has failed to fulfil its obligations
under Article 7 of Council Directive 75/442/EEC of 15 July
1975 on waste, as amended by Council Directive 91/156/EEC
of 18 March 1991, Article 6 of Council Directive 91/689/EEC
of 12 December 1991 on hazardous waste, and Article 14 of
European Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging waste;

the first

(Regional Civil Court, Vienna) (Austria) for a preliminary ruling
in the proceedings pending before that court between Clean
Car Autoservice GmbH and Stadt Wien, Republik O¨ sterreich
— on the interpretation of
subparagraph of
Article 104(5) of the Rules of Procedure of the Court of Justice,
in codified version 1999/C 65/01 of 6 March 1999 (OJ 1999
C 65, p. 1) — the Court (Sixth Chamber), composed of:
N. Colneric, President of the Second Chamber, acting as
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
R. Schintgen (Rapporteur) and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; H.A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 6 December 2001,
in which it has ruled:

Article 104(5) of the Rules of Procedure of the Court of Justice, in
is to be
codified version 1999/C 65/01 of 6 March 1999,
interpreted as meaning that payment of the costs incurred by the
parties to the main proceedings for the purposes of the procedure
under Article 234 EC for obtaining a preliminary ruling is governed
by the domestic law rules applicable to the proceedings before the
national court, provided that those rules are not less favourable than
those applicable to similar procedural steps which may be taken in
such proceedings in accordance with national law.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 47 of 19.2.2000.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 December 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

10 January 2002

in Case C-472/99 (reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien): Clean Car
Autoservice GmbH v Stadt Wien, Republik O¨ sterreich (1)

(Article 234 EC — Costs of the parties to the main
proceedings — Article 104(5) of the Rules of Procedure of
the Court)

In Case C-480/99 P: Gerry Plant and Others v Commission
of the European Communities (1)

(Appeal — Action for annulment under Article 33 of the
ECSC Treaty — Admissibility — Audi alteram partem rule
in judicial proceedings)

(2002/C 84/23)

(Language of the case: German)

(2002/C 84/24)

(Language of the case: English)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-472/99: reference to the Court under Article 234
für Zivilrechtssachen Wien
EC from the Landesgericht

In Case C-480/99 P, Gerry Plant and Others (agents: B. Hewson,
barrister, instructed by T. Graham, solicitor): Appeal against