Case C-194/05: Judgment of the Court (Third Chamber) of 18 December 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directives 75/442/EEC and 91/156/EEC — Concept of waste — Excavated earth and rocks intended for re-use)
Date: 2007-12-18
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

23.2.2008

EN

Official Journal of the European Union

C 51/7

Judgment of the Court (Third Chamber) of 18 December
the European Communities v
2007 — Commission of

Judgment of the Court (Third Chamber) of 18 December
the European Communities v
2007 — Commission of

Italian Republic

(Case C-194/05) (1)

Italian Republic

(Case C-195/05) (1)

(Failure of a Member State to fulfil obligations — Environ-
ment — Directives 75/442/EEC and 91/156/EEC — Concept
of ‘waste’ — Excavated earth and rocks intended for re-use)

(2008/C 51/11)

Language of the case: Italian

(Failure of a Member State to fulfil obligations — Environ-
ment — Directives 75/442/EEC and 91/156/EEC — Concept
of waste — Food scraps from the agro food industry intended
for the production of animal feed — Leftovers from the
preparation of food in kitchens, intended for shelters for pet
animals)

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis, Agent, and G. Bambara, avvocato)

Defendant:
Agent, and G. Fiengo, avvocato dello stato)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975
on waste (OJ 1975 L 194, p. 39), as amended by Council Direc-
tive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) —
National law excluding excavated earth and rocks intended for
re-use from the scope of the directive

Operative part of the judgment

The Court:

1) Declares that, in so far as Article 10 of Law No 93 of 23 March
2001 concerning provisions on the environment and Article 1(17)
and (19) of Law No 443 of 21 December 2001 delegating to the
Government matters of infrastructure and strategic installations of
production and of other action to boost production excluded from
legislation relating to waste excavated
the scope of the national
earth and rocks intended for actual re-use for filling, backfilling,
embanking or as aggregates, with the exception of
those from
contaminated and decontaminated sites with a concentration of
pollutants above the acceptable limits laid down by the regulations
its obligations
in force, the Italian Republic has failed to fulfil
under Council Directive 75/442/EEC of 15 July 1975 on waste,
as amended by Council Directive 91/156/EEC of 18 March
1991;

2) Orders the Italian Republic to pay the costs.

(1) OJ C 182, 23.7.2005.

(2008/C 51/12)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis, Agent and G. Bambara, lawyer)

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

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975
on waste (OJ 1975 L 194, p. 39), as amended by Council Direc-
tive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) —
law excluding certain waste from the scope of the
National
directive

Operative part of the judgment

The Court:

1) Declares that the Italian Republic has failed to fulfil its obligations
under Article 1(a) of Council Directive 75/442/EEC of 15 July
1975 on waste as amended by Council Directive 91/156/EEC of
18 March 1991, by:

— adopting operational

territory, specified in particular

instructions valid for the whole of the
national
in the circular of
28 June 1999 of the Minister for the Environment setting out
explanatory guidance on the concept of waste and in the
communication of the Ministry of Health of 22 July 2002
containing guidelines on the health and hygiene requirements
relating to the use for animal feed of materials and by-products
deriving from the production and commercial cycle of the agro-
food industry, the purpose of which was to exclude, from the
scope of the legislation on waste, food scraps from the agro-
food industry intended for the production of animal feed; and