Case C-195/05: Action brought on 2 May 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, agri-foodstuffs, animal nutrition, national law, prepared foodstuff, waste, waste management

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: