Case C-82/06: Action brought on  8 February 2006  by the Commission of the European Communities against the Italian Republic
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, disclosure of information, hazardous waste, waste disposal, waste management

8.4.2006

EN

Official Journal of the European Union

C 86/17

Pleas in law and main arguments

Pleas in law and main arguments

The French Republic should have initiated, immediately after
the Court's judgment,
the necessary legislative process and
adopted the appropriate amendments to comply with Directive
90/219/EEC.

The prescribed period for implementing the directive expired
on 21 July 2004.

(1) Official Journal L 197 of 21/07/2001, p. 30.

Hitherto the amendments necessary at both the legislative and
regulatory levels have still not been adopted, 14 years, and
even ten and seven years respectively after the expiry of the
period for compliance and more than two years after the
Court's declaration of the failure to fulfil obligations.

(1) [2003] ECR I-14355.
(2) Council Directive 90/219/EEC of 23 April 1990 on the contained
use of genetically modified micro-organisms ‘GMMO’ (OJ 1990 L
117, p. 1).

Action brought on 8 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-82/06)

(2006/C 86/32)

(Language of the case: Italian)

Action brought on 8 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-81/06)

(2006/C 86/31)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 8 February
2006 by the Commission of the European Communities, repre-
sented by D. Recchia and M. Konstantinidis, acting as Agents,
with an address for service in Luxembourg.

The Commission claims that the Court should:

(Language of the case: Italian)

1. declare that by failing to draw up or communicate:

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 8 February
2006 by the Commission of the European Communities, repre-
sented by F. Simonetti and D. Recchia, acting as Agents.

The Commission claims that the Court should:

1. declare that

failing to adopt

the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC (1) of the European Parliament and of the
Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment or, in
any event, by failing to notify the Commission of such
measures, the Italian Republic has failed to fulfil its obliga-
tions under Article 13(1) of that directive;

— a waste management plan in accordance with Article
7(1) of Directive 75/442/EEC (1), as amended, for the
Province of Rimini,

— a waste management plan including suitable sites or
installations for the disposal of waste and hazardous
waste in accordance with the fourth indent of Article
7(1) of Directive 75/442/EEC, as amended,
for the
Region of Lazio,

— a waste management plan in accordance with Article 6
of Directive 91/689/EEC (2)
for the Regions of Friuli
Venezia-Giulia and Puglia, the Autonomous Province of
Bolzano Alto-Adige and the Province of Rimini,

the Italian Republic has failed to fulfil its obligations under
Article 7(1) of Directive 75/442/EEC on waste, as amended,
and Article 6 of Directive 91/689/EEC on hazardous waste;

2. order the Italian Republic to pay the costs.

2. order the Italian Republic to pay the costs.

C 86/18

EN

Official Journal of the European Union

8.4.2006

Pleas in law and main arguments

Pleas in law and main arguments

The Member States are required, under Articles 6 and 7 of the
Waste Directive, as amended, and the Dangerous Waste Direc-
tive, respectively, to draw up and communicate to the Commis-
sion waste management plans.

The current situation in Italy is that
the drawing up and
communication of waste management plans have yet to be
completed. At the present time, the Commission has yet to
receive notification of all of the plans required under the two
above-mentioned directives.

(1) OJ L 194, p. 39.
(2) OJ L 377, p. 20.

Action brought on 9 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-83/06)

(2006/C 86/33)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 9 February
2006 by the Commission of the European Communities, repre-
sented by C. Cattabriga, acting as Agent.

The Commission claims that the Court should:

to

1. declare that by failing to adopt the laws, regulations and
administrative
comply with
provisions necessary
Commission Directive 2004/103/EC (1) of 7 October 2004
on identity and plant health checks of plants, plant products
or other objects listed in Part B of Annex V to Council
Directive 2000/29/EC (2), which may be carried out at a
place other than the point of entry into the Community or
at a place close by, or in any event by failing to notify the
Commission of such measures,
the Italian Republic has
failed to fulfil its obligations under Article 8(1) of that direc-
tive;

2. order the Italian Republic to pay the costs.

The prescribed period for implementing the directive expired
on 31 December 2004.

(1) Official Journal L 313 of 12/10/2004, p. 16.
(2) Official Journal L 169 of 10/07/2000, p. 1.

Action brought on 14 February 2006 by the Commission
the Portuguese
of

the European Communities against

Republic

(Case C-89/06)

(2006/C 86/34)

(Language of the case: Portuguese)

Justice of

An action against the Portuguese Republic was brought before
the Court of
the European Communities on 14
February 2006 by the Commission of the European Commu-
nities, represented by António Caeiros and Bernhard Schima,
acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare, principally, that, in having failed to adopt the laws,
regulations and administrative provisions needed in order
to comply with Directive 2003/30/EC (1) of the European
Parliament and of the Council of 8 May 2003 on the
promotion of the use of biofuels or other renewable fuels
for transport, the Portuguese Republic has failed to fulfil its
obligations under Article 7(1) of that directive;

— declare, in the alternative, that, in having omitted to inform
the Commission immediately of any such provisions, the
Portuguese Republic has failed to fulfil its obligations under
Article 7(1) of Directive 2003/30/EC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
2003/30 expired on 31 December 2004.

transposition of

the Directive

(1) OJ L 123 of 17.5.2003, p. 42.