Case C-194/05: Action brought on 2 May 2005 by the Commission of the European Communities against the the Italian Republic
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, earths and stones, mining extraction, national law, waste, waste management, waste recycling

C 182/24

EN

Official Journal of the European Union

23.7.2005

Then, according to Article 17(1) of the directive, the competent
authority is
the activity where the
measures the operator plans to adopt for the prevention and
mitigation of major accidents are seriously deficient.

required to prohibit

However, the legislative decree appears not to impose that
requirement on the competent authority.

(Higher Social Security Court) (Netherlands) of 22 April 2005,
received at the Court Registry on 29 April 2005, for a preli-
minary ruling in the proceedings between K. Tas-Hagen and
R.A. Tas and Raadskamer WUBO van de Pensioen- en Uitker-
ingsraad (Pension and Benefits Board Advisory Chamber on the
Law on Benefits for Civilian War Victims) on the following
question:

Finally, under Article 18(1) of the directive, the Member States
must adopt binding legislation providing for inspections which
allow a planned and systematic examination of technical, orga-
nisational and management systems applied in the establish-
ment in question, so as to ensure that the operator can demon-
strate that he has adopted adequate measures in the light of the
to prevent any
activities carried out by the establishment,
major accidents and to ensure that the operator can demon-
strate that he has appropriate means of limiting the conse-
quences of accidents on and off site. Under Article 18(1) of the
directive, again,
legislation
providing for inspections which ensure that the data and infor-
mation contained in the safety report or any other report
submitted adequately reflects the conditions in the establish-
ment.

the Member States must adopt

the legislative decree has not

However,
implemented those
provisions but merely referred to a later implementing decree
which to date has not yet been adopted.

the foregoing,

In the light of
the Commission
submits that the Italian Republic has failed to fulfil its obliga-
tions under Article 9(4), Article 17(1) and the first, second and
third indents of Article 18(1) of the directive.

therefore,

legislation under which,

in particular Article 18 EC, preclude
Does Community law,
national
in circumstances such as
those in the main proceedings, the grant of a benefit for civilian
war victims is refused solely on the ground that the person
concerned, who holds the nationality of the relevant Member
State, was resident, not in the territory of that Member State,
but in the territory of another Member State at the time when
the application was submitted?

Action brought on 2 May 2005 by the Commission of the
European Communities against the the Italian Republic

(Case C-194/05)

(2005/C 182/45)

(1) OJ 1997 L 10, 14. 1. 1997, p. 13

(Language of the case: Italian)

Reference for a preliminary ruling from the Centrale Raad
van Beroep by order of that court of 22 April 2005 in K.
Tas-Hagen and R.A. Tas v Raadskamer WUBO van de
Pensioen- en Uitkeringsraad

(Case C-192/05)

(2005/C 182/44)

(Language of the case: Dutch)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 2 May 2005
by the Commission of the European Communities, represented
by M. Konstantinidis, of its Legal Service, and G. Bambara, of
the Milan Bar.

The Commission claims that the Court should:

1. declare that the Italian Republic, in so far as Article 10 of
Law No 93 of 2001 and Article 1(17) and (19) of Law No
443 of 2001 exclude excavated earth and rocks intended for
re-use for re-filling, infilling, embanking and grinding, with
the exception of materials from polluted sites and reclaimed
land with a concentration of pollutants above the acceptable
limits laid down by the applicable rules, from the scope of
national rules on waste, has failed to fulfil its obligations
under Article 1(a) of Council Directive 75/442/EEC (1) on
waste, as amended by Council Directive 91/156/EEC. (2)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Centrale Raad van Beroep

2. order the the Italian Republic to pay the costs.

23.7.2005

EN

Official Journal of the European Union

C 182/25

Pleas in law and main arguments

to fulfil
75/442/EEC on waste, (1)
91/156/EC; (2)

its obligations under Article 1(a) of Directive
amended by Directive

as

the Italian
The European Commission takes the view that
in so far as it excludes excavated earth and rocks
Republic,
intended for re-use for re-filling,
infilling, embanking and
grinding, from the scope of national rules on waste, has failed
to fulfil
its obligations under Article 1(a) of Directive
75/442/EEC on waste as amended by Directive 91/156/EEC.

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

(1) OJ L 194 of 25.07.1975, p. 39.
(2) OJ L 78 of 26.03.1991, p. 32.

The European Commission takes the view that, by adopting
operational directives valid for the whole of the national terri-
tory which exclude from the scope of the rules on waste reject
foodstuffs from the agri-foodstuffs industry intended for the
production of feeding stuffs and by excluding, by means of
Article 23 of Law No 179 of 31 July 2002, from the scope of
the rules on waste leftovers from the kitchen preparation of all
types of solid, cooked and uncooked food which have not
entered the distribution chain and are intended for facilities for
treating sick animals, the Italian Republic has failed to fulfil its
obligations under Article 1(a) of Directive 75/442/EEC on
waste, as amended by Directive 91/156/EC.

(1) OJ L 194 of 25.07.1975, p. 39.
(2) OJ L 78 of 26.03. 1991, p. 32.

Action brought on 2 May 2005 by the Commission of the
European Communities against the Italian Republic

(Case C-195/05)

(2005/C 182/46)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 2 May 2005
by the Commission of the European Communities, represented
by M. Konstantinidis, of its Legal Service, and G. Bambara, of
the Milan Bar.

The Commission claims that the Court should:

1. declare that, by adopting operational directives valid for the
whole of the national territory, set out in particular in the
circular of the Environment Ministry of 28 July 1998 and
the circular of the Health Ministry of 22 July 2002, which
exclude from the scope of the rules on waste reject food-
stuffs from the agri-foodstuffs industry intended for the
production of feeding stuffs and by excluding, by means of
Article 23 of Law No 179 of 31 July 2002, from the scope
of the rules on waste leftovers from the kitchen preparation
of all types of solid, cooked and uncooked food which have
not entered the distribution chain and are intended for facil-
ities for treating sick animals, the Italian Republic has failed

Reference for a preliminary ruling from the Finanzgericht
München by order of that court of 17 April 2005 in Sach-
senmilch AG v Oberfinanzdirektion Nürnberg

(Case C-196/05)

(2005/C 182/47)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht München
(Finance Court, Munich) (Germany) of 17 April 2005, received
at the Court Registry on 4 May 2005, for a preliminary ruling
in the proceedings between Sachsenmilch AG and Oberfinanz-
direktion Nürnberg on the following questions: