Case C-135/05: Judgment of the Court (Third Chamber) of 26 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Waste management — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, unauthorised dumping, waste management

C 96/8

EN

Official Journal of the European Union

28.4.2007

Judgment of the Court (Third Chamber) of 26 April 2007
— Commission of the European Communities v Italian
Republic

(Case C-135/05) (1)

(Failure of a Member State to fulfil obligations — Waste
management — Directives 75/442/EEC, 91/689/EEC and
1999/31/EC)

competent authorities, for their approval, a conditioning plan
for the site including particulars relating to the conditions of
the permit and any corrective measures which the operator
considered would be needed and that, following the presentation
of the conditioning plan, the competent authorities took a defi-
nite decision on whether operations might continue, by closing
down as soon as possible sites which had not been granted a
permit to continue to operate, or by authorising the necessary
work and laying down a transitional period for the completion
of the plan,

(2007/C 96/11)

Language of the case: Italian

Parties

the Italian Republic has failed to fulfil its obligations under Arti-
cles 4, 8 and 9 of Directive 75/442, as amended by Directive
91/156/EEC,
Council Directive
91/689/EEC of 12 December 1991 on hazardous waste, and
under Article 14(a) to (c) of Council Directive 1999/31/EC of
26 April 1999 on the landfill of waste;

under Article

2(1)

of

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and M. Konstantinidis, Agents)

2. Orders the Italian Republic to pay the costs.

Defendant: Italian Republic (represented by: I.M. Braguglia and
G. Fiengo, Agent)

(1) OJ C 132, 28.5.2005.

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 4, 8 and 9 of Council Directive 75/442/EEC of
15 July 1995 on waste (OJ 1975 L 194, p. 39), as amended by
Council Directive 91/156/EEC of 18 March 1991 (OJ 1991
L 78, p. 32) — Infringement of Article 2(1) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (OJ
1991 L 377, p. 20) — Infringement of Article 14(a), (b) and (c)
of Council Directive 1999/31/EC of 26 April 1999 on the land-
fill of waste (OJ 1999 L 182, p. 1).

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt all the necessary measures to

ensure that:

— waste is recovered or disposed of without endangering human
health and without using processes or methods which could
the abandonment,
harm the environment, and to prohibit
dumping or uncontrolled disposal of waste;

— any holder of waste has it handled by a private or public under-
taking which carries out the operations of recovery or disposal,
or recovers or disposes of
in accordance with the
provisions of Council Directive 75/442/EEC of 15 July 1975
on waste, as amended by Council Directive 91/156/EEC of
18 March 1991;

it himself

Judgment of the Court (Fifth Chamber) of 19 April 2007 —
Commission of the European Communities v Spain

(Case C-219/05) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 91/271/EEC — Pollution and nuisance — Treatment of
its coastal
urban waste water — Agglomeration of Sueca,
districts and certain municipalities of La Ribera — Discharge
in a sensitive area without treatment)

(2007/C 96/12)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia, Agent)

Defendant: Kingdom of Spain (represented by: E. Braquehais and
I. del Cuvillo Contreras, Agents)

— any establishment or undertaking which carries out waste-
disposal operations is required to obtain a permit from the
competent authority;

Re:

— on every site where tipping (discharge) of hazardous waste takes

place the waste is recorded and identified, and

— as regards landfills which had already been granted a permit or
were already in operation on 16 July 2001, the operator of a
landfill, before 16 July 2002, prepared and presented to the

Failure by a Member State to fulfil its obligations — Infringe-
ment of Articles 3, 4 and 5(2) of Council Directive 91/271/EEC
of 21 May 1991 concerning urban waste-water treatment (OJ
1991 L 135, p. 40) — Urban waste water of Sueca, its coastal
agglomerations and certain municipalities of La Ribera —
Discharge in a sensitive area without adequate treatment