Case C-486/04: Action brought on 25 November 2004 by the Commission of the European Communities against the Italian Republic
Date: 2005-02-05
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, industrial project, project evaluation, waste management

5.2.2005

EN

Official Journal of the European Union

C 31/9

Action brought on 25 November 2004 by the Commission
of the European Communities against the Italian Republic

— order the Italian Republic to pay the costs.

(Case C-486/04)

Pleas in law and main arguments:

(2005/C 31/18)

(Language of the case: Italian)

The Commission submits that the Italian Republic has failed to
fulfil its obligations under Directive 85/337/EEC as amended by
Directive 97/11/EEC for the reasons set out in its application.

(1) OJ L 175 of 5.7.1985, p. 40.
(2) OJ L 73 of 14.3.1997, p. 5.

Justice of

An action against the Italian Republic was brought before the
Court of
the European Communities on 25
November 2004 by the Commission of the European Commu-
nities, represented by M. Van Beek, F. Louis and A. Capobianco,
acting as Agents.

The applicant claims that the Court should:

— declare that the Italian Republic has failed to fulfil its obli-
gations under Article 2(1) and Article 4(1), (2) and (3) of
Directive
by Directive
as
97/11/EEC (2):

85/337/EEC (1)

amended

1. by not subjecting the Massafra WDF and biomass incin-
eration plant project, which is a plant included in Annex
I to the Directive 85/337/EEC as amended by Directive
97/11/EEC, to an environmental impact assessment in
accordance with Articles 5 to 10 of Directive
85/337/EEC as amended;

2. by not adopting legislation (Article 3(1)(i) and (l) of the
DPCM (Decree of the President of the Council of Minis-
ters) of 3 September 1999 amending Annex A to the
DPR (Decree of the President of the Republic) of 12
April 1996) which excludes from the environmental
impact assessment procedure any projects falling within
Annex I to Directive 85/337/EEC as amended (projects
for installations for the recovery of hazardous waste and
non-hazardous waste with a capacity exceeding 100
tonnes per day) if subject to the simplified authorisation
procedure within the meaning of Article 11 of Directive
75/442/EEC, and

3. by adopting legislation (Article 3(1)(i) and (l) of the
DPCM of 3 September 1999 amending Annex A to the
DPR of 12 April 1996) which, for the purposes of estab-
lishing whether or not a project falling within Annex II
of Directive 85/337/EEC as amended must be the
impact assessment (EIA),
subject of an environmental
sets an inadequate test in that projects which have a
significant impact on the environment can be excluded
from an EIA;

Action brought on 25 November 2004 by the Commission
of the European Communities against the Italian Republic

(Case C-487/04)

(2005/C 31/19)

(Language of the case: Italian)

Justice of

An action against the Italian Republic was brought before the
Court of
the European Communities on 25
November 2004 by the Commission of the European Commu-
nities, represented by C. Cattabriga and A. Bordes, acting as
Agents.

The applicant claims that the Court should:

— Declare that, by unilaterally instituting a system of trace-
ability of powder milk for certain uses, not provided for by
fully harmonised provisions of Community law applicable
to the sector, the Italian Republic has failed to fulfil its obli-
gations under Council Regulation (EC) No 1255/1999 of
17 May 1999 (1) on the common organisation of
the
market in milk and milk products and Commission Regu-
lation (EC) No 2799/1999 of 17 December 1999 (2) laying
down detailed rules
for applying Regulation (EC) No
1255/1999 as regards the grant of aid for skimmed milk
and skimmed-milk powder intended for animal feed and
the sale of such skimmed-milk powder.

— Order the Italian Republic to pay the costs.