Judgment of the Court (Fifth Chamber) of 25 November 2004 in Case C-447/03 Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Factory site and waste in province of Foggia — Directive 75/442/EEC amended by Directive 91/156/EEC — Articles 4 and 8)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, waste disposal, waste management

C 19/6

EN

Official Journal of the European Union

22.1.2005

Council Directive 90/642/EEC of 27 November 1990 on the fixing
of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables, as amended by Commis-
sion Directive 2000/42/EC of 22 June 2000, is not applicable to
vine leaves.

(1) OJ C 275 of 15.11.2003.

former factory, also situated near Manfredonia, and the holder of
the waste in the Pariti I dump and Conte di Troia urban waste
dump 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 II B to Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Council Directive 91/156/EEC of 18
March 1991, or recover or dispose of it themselves, the Italian
Republic has failed to fulfil its obligations under Article 4 and
Article 8 of that directive.

JUDGMENT OF THE COURT

2. Orders the Italian Republic to pay the costs.

(1) OJ C 7 of 10.1.2004.

(Fifth Chamber)

of 25 November 2004

in Case C-447/03 Commission of the European Commu-
nities v Italian Republic (1)

JUDGMENT OF THE COURT

(Failure by a Member State to fulfil its obligations — Envir-
onment — Waste management — Factory site and waste in
province of Foggia — Directive 75/442/EEC amended by
Directive 91/156/EEC — Articles 4 and 8)

(Sixth Chamber)

of 28 October 2004

(2005/C 19/10)

in Case C-16/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Language of the case: Italian)

(Failure of a Member State to fulfil its obligations — Direc-
tive 89/654/EEC — Protection of workers — Safety and
health of workers in the workplace — Emergency doors,
windows and skylights — Failure to transpose)

In Case C-447/03 Commission of the European Communities
(Agents: R. Amorosi and M. Konstantinidis) v Italian Republic
(Agent: I.M. Braguglia and M. Fiorilli) – action under Article
226 EC for failure to fulfil obligations, brought on 22 October
2003 – the Court (Fifth Chamber), composed of: C. Gulmann,
acting as President of the Fifth Chamber, G. Arestis and J.
Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, gave a judgment on 25 November 2004, in
which it:

(2005/C 19/11)

(Language of the case: German)

1. Declares that, by failing to take the necessary measures to ensure
that waste, stored or deposited in dumps on the site of the former
Enichem Manfredonia factory (province of Foggia, Italy) and at
the Pariti I urban waste dump near Manfredonia, is recovered or
disposed of without endangering human health and without using
processes or methods which could harm the environment, and by
failing to take the necessary measures to ensure that the holder of
the waste stored or deposited in dumps on the site of Enichem's

In Case C-16/04, action under Article 226 EC for failure to
fulfil obligations, brought on 20 January 2004, Commission of
the European Communities (Agents: H. Kreppel and D. Martin)
against Federal Republic of Germany (Agents: C.-D. Quassowski
and M. Lumma) – the Court (Sixth Chamber), composed of
A. Borg Barthet (Rapporteur), President of the Chamber, J.-P.
Puissochet and J. Malenovský, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on
28 October 2004 in which it: