Case C-195/05: 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 — 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)
Date: 2007-12-18
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

23.2.2008

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

C 51/8

EN

Official Journal of the European Union

23.2.2008

— excluding, by means of Article 23 of Law No 179 of 31 July
2002 laying down provisions on environmental matters, from
the scope of the legislation on waste leftovers from the kitchen
preparation of all types of solid food, cooked and uncooked,
which have not entered the distribution system and are intended
for shelters for pet animals;

2) Orders the Italian Republic to pay the costs.

(1) OJ C 182, 23.7.2005.

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

Italian Republic

(Case C-263/05) (1)

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 and Commission Decision 96/350/EC of
24 May 1996, by adopting and maintaining in force Article 14
of Decree-Law No 138 of 8 July 2002 laying down urgent
measures concerning taxation, privatisation and control of pharma-
ceutical expenditure and economic support in disadvantaged areas,
now, after amendment, Law No 178 of 8 August 2002, which
excludes from the scope of Legislative Decree No 22 of 5 February
1997
waste,
91/689/EEC on hazardous waste and 94/62/EC on packaging
and packaging waste the following: (i) substances, objects or goods
intended for waste disposal or recovery operations not expressly
listed in Annexes B or C to Legislative Decree No 22/97; and
(ii) substances or objects forming production residue which the
holder intends or is required to discard, where they may be and are
re-used in a production or consumption cycle without undergoing
prior treatment and without harming the environment, or, if they
have undergone prior treatment, provided that that treatment is not
one of the recovery operations listed in Annex C to Legislative
Decree No 22/97;

implementing Directives

91/156/EEC

on

(Failure of a Member State to fulfil obligations — Environ-
ment — Directives 75/442/EEC and 91/156/EEC — Concept
of ‘waste’ — Substances or objects intended for disposal or
recovery operations — Production residues capable of re-use)

2) Orders the Italian Republic to pay the costs.

(1) OJ C 217, 3.9.2005.

(2008/C 51/13)

Language of the case: Italian

Parties

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

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

Judgment of the Court (Grand Chamber) of 11 December
2007 (Reference for
a preliminary ruling from the
Raad van State — Netherlands) — Minister voor
Vreemdelingenzaken en Integratie v R.N.G. Eind

(Case C-291/05) (1)

(Freedom of movement for persons — Workers — Right of
residence for a family member who is a third-country national
— Return of the worker to the Member State of which he is a
national — Obligation for the worker's Member State of
origin to grant a right of residence to the family member —
Whether there is such an obligation where the worker does not
carry on any effective and genuine activities)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 1(a) of Council Directive 75/442 of 15 July
1975 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)
the directive
law excluding from the scope of
— National
certain substances or objects intended for disposal or recovery
operations and also certain production waste of which the
holder disposes or intends to dispose

Referring court

Raad van State

(2008/C 51/14)

Language of the case: Dutch