Removal from the register of Case C-246/99
Date: 2002-12-07
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for failure to fulfil an obligation, aerated drink, beer, packaging

C 305/18

EN

Official Journal of the European Communities

7.12.2002

provided for in Annex II A or II B to Directive 75/442/
EEC (1), as amended by Directive 91/156/EEC (2), or
himself recovers or disposes of such waste, the Italian
Republic has failed to fulfil its obligations under Articles 4
and 8 of that directive;

Removal from the register of Case C-246/99 (1)

(2002/C 305/33)

2.

order the Italian Republic to pay the costs.

By order of 11 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-246/99: Commission of the
European Communities v Kingdom of Denmark.

Pleas in law and main arguments

(1) OJ C 246 of 28.8.1999.

The first paragraph of Article 4 of the directive provides that
Member States are to adopt the necessary measures to ensure
that waste is recovered or disposed of without endangering
human health and without using processes or methods which
could harm the environment, and in particular without risk to
water, air, soil and plants and animals, without causing a
nuisance through noise or odours and without adversely
affecting the countryside or places of special interest.

In the present case, the Italian Republic has not adopted any
appropriate measure to ensure that waste deposited in the
Rodano disposal site is recovered or disposed of without
endangering human health and without using procedures or
methods which could harm the environment. Consequently, it
has failed to fulfil
its obligations under Article 4 of the
directive.

In addition, Article 8 of the directive provides that Member
States are to ensure that any holder of waste 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 B of the
directive, or recovers or disposes of it himself in accordance
with the provisions of the directive. To that end, the owners
or managers of disposal sites are regarded as holders within
the meaning of Article 8.

The Italian Republic has failed to adopt the necessary measures
to ensure that the holder of waste deposited in the Rodano
disposal site has such waste handled by a private or public
the operations
collector or an undertaking carrying out
provided for in Annex II A or II B to the directive. Conse-
quently, it has failed to fulfil its obligations under Article 8 of
the directive.

Removal from the register of Case C-434/00 (1)

(2002/C 305/34)

By order of 24 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-434/00 (Reference for a preliminary
ruling by the Hoge Raad der Nederlanden): G. Cuomo.

(1) OJ C 28 of 27.1.2001.

Removal from the register of Case C-120/01 (1)

(2002/C 305/35)

By order of 9 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-120/01: Commission of the
European Communities v Ireland.

( 1) OJ L 194 of 25.7.1975, p. 39.
( 2) OJ L 78 of 26.3.1991, p. 32.

(1) OJ C 150 of 19.5.2001.