Case C-81/06: 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: EU environmental policy, EU programme, European Commission, Italy, action for failure to fulfil an obligation, national implementing measure, project evaluation

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.