Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-375/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Castelliri waste disposal site — Directive 75/442/EEC of 18 March 1991 as amended by Directive 91/156/EEC — Articles 4 and 8)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, storage of waste, waste disposal, waste management, waste recycling

23.10.2004

EN

Official Journal of the European Union

C 262/5

JUDGMENT OF THE COURT

(Grand Chamber)

of 7 September 2004

in Case C-346/02: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Insurance — Third non-life insurance directive — Bonus-
malus system)

of the European Communities (Agents: C. Tufvesson and J.-F.
Pasquier) v French Republic (Agents: G. de Bergues, P. Boussar-
oque and C. Mercier) — the Court (Grand Chamber), composed
of: V. Skouris, President, P. Jann, C.W.A. Timmermans (Rappor-
teur), C. Gulmann and J.N. Cunha Rodrigues, Presidents of
Chambers, R. Schintgen, F. Macken, N. Colneric, S. von Bahr,
R. Silva de Lapuerta and K. Lenaerts,, Judges; C. Stix-Hackl,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 7 September 2004 in which
it:

(2004/C 262/08)

1. Dismisses the action;

(Language of the case: French)

2. Orders the Commission of the European Communities to pay the

In Case C-346/02, action under Article 226 EC for failure to
fulfil obligations, brought on 30 September 2002, Commission
of the European Communities (Agents: C. Tufvesson and J.-F.
Pasquier) v Grand Duchy of Luxembourg (Agent: P. Gramegna,
assisted by A. Schmitt) — the Court
(Grand Chamber),
composed of: V. Skouris, President, P. Jann, C.W.A. Timmer-
mans (Rapporteur), C. Gulmann and J.N. Cunha Rodrigues,
Presidents of Chambers, R. Schintgen, F. Macken, N. Colneric,
S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges, C.
Stix-Hackl, Advocate General; H. von Holstein, Deputy Regis-
trar, for the Registrar, has given a judgment on 7 September
2004, in which it:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

costs.

(1) OJ C 289 of 23.11.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 September 2004

(1) OJ C 289 of 23.11.2002.

in Case C-375/02: Commission of the European Commu-
nities v Italian Republic (1)

JUDGMENT OF THE COURT

(Grand Chamber)

of 7 September 2004

in Case C-347/02: Commission of the European Commu-
nities v French Republic (1)

(Insurance — Third non-life insurance directive — Bonus-
malus system)

(2004/C 262/09)

(Language of the case: French)

In Case C-347/02, action under Article 226 EC for failure to
fulfil obligations, brought on 30 September 2002, Commission

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Castelliri waste disposal
site — Directive 75/442/EEC of 18 March 1991 as amended
by Directive 91/156/EEC — Articles 4 and 8)

(2004/C 262/10)

(Language of the case: Italian)

In Case C-375/02: Commission of the European Communities
(Agents: M. Konstantinidis and R. Amorosi) v Italian Republic
(Agent:
I.M. Braguglia, assisted by M. Fiorilli) — action for
failure to fulfil obligations under Article 226 EC brought on 18
October 2002 — the Court (Fifth Chamber), composed of: C.
Gulmann, President of Chamber, S. von Bahr and R. Silva de
Lapuerta
L.A. Geelhoed, Advocate
General; R. Grass, Registrar, gave a judgment on 7 September
2004, the operative part of which is as follows:

(Rapporteur),

Judges;

C 262/6

EN

Official Journal of the European Union

23.10.2004

1. By failing to adopt the measures necessary to ensure that the waste
deposited in the Castelliri waste disposal site (Frosinone) (Italy) is
recovered or eliminated without endangering human health and
without using processes or methods which could harm the environ-
ment, and by failing to adopt the measures necessary to ensure
that any holder of waste at that site 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 to Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156 of 18 March 1991, or recovers or disposes of
it himself, the Italian Republic has failed to fulfil its obligations
under Articles 4 and 8 of that directive.

without using processes or methods which could harm the environ-
ment, and by failing to adopt the measures necessary to ensure
that any holder of waste at that site 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 to Council Directive
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156 of 18 March 1991, or recovers or disposes of
it himself, the Italian Republic has failed to fulfil its obligations
under Articles 4 and 8 of that directive.

2. The Italian Republic is ordered to pay the costs.

2. The Italian Republic is ordered to pay the costs.

(1) OJ C 305 of 7.12.2002.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT

(First Chamber)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 September 2004

in Case C-383/02: Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Rodano waste disposal site
by Directive
— Directive

75/442/EEC as

amended

91/156/EEC — Articles 4 and 8)

(2004/C 262/11)

(Language of the case: Italian)

In Case C-383/02: Commission of the European Communities
(Agents: M. Konstantinidis and R. Amorosi) v Italian Republic
(Agent:
I.M. Braguglia, assisted by M. Fiorilli) — action for
failure to fulfil obligations under Article 226 EC brought on 18
October 2002 — the Court (Fifth Chamber), composed of: C.
Gulmann, President of Chamber, S. von Bahr and R. Silva de
L.A. Geelhoed, Advocate
Lapuerta
General; R. Grass, Registrar, gave a judgment on 9 September
2004, the operative part of which is as follows:

(Rapporteur),

Judges;

1. By failing to adopt the measures necessary to ensure that the waste
deposited at the Rodano waste disposal site (Milan) (Italy) is
recovered or eliminated without endangering human health and

of 9 September 2004

in Case C-397/02 (reference for a preliminary ruling from
the Cour d'appel de Bruxelles): Clinique La Ramée ASBL,
Winterthur Europe Assurance SA v Jean-Pierre Riehl,
Council of the European Union (1)

(Officials — Social benefits — Communities' right of subro-
gation to an official's rights against the third party liable for
an actionable event)

(2004/C 262/12)

(Language of the case: French)

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

In Case C-397/02: reference to the Court for a preliminary
ruling under Article 234 EC by the Cour d'appel de Bruxelles
(Belgium) by decision of 6 November 2002, registered on 11
November 2002,
in the proceedings between Clinique La
Ramée ASBL, Winterthur Europe Assurance SA and Jean-Pierre
Riehl, Council of
(First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, A. Rosas, S. von Bahr, R. Silva de Lapuerta and K.
Lenaerts, Judges; P. Léger, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, for the Registrar, has given a
judgment on 9 September 2004, in which it ruled:

the European Union — the Court