Case C-442/06: Judgment of the Court (Second Chamber) of 10 April 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — National legislation concerning existing landfill sites — Incorrect transposition)
Date: 2008-04-10
Institutions: Court of Justice
Subjects: EU law - national law, European Commission, Italy, action for failure to fulfil an obligation, storage of waste, waste management

24.5.2008

EN

Official Journal of the European Union

C 128/11

the Court
for

(First Chamber) of 10 April
Judgment of
2008 (reference
a preliminary ruling from the
Oberlandesgericht Stuttgart) — Annelore Hamilton v
Volksbank Filder eG

Judgment of the Court (Second Chamber) of 10 April 2008
— Commission of the European Communities v Italian
Republic

(Case C-412/06) (1)

(Consumer protection — Contracts negotiated away from
business premises — Directive 85/577/EEC — First para-
graph of Article 4 and Article 5(1) — Contract for long-term
credit — Right of cancellation)

(2008/C 128/16)

Language of the case: German

Referring court

Oberlandesgericht Stuttgart

Parties to the main proceedings

Applicant: Annelore Hamilton

Defendant: Volksbank Filder eG

Re:

for

Reference
a preliminary ruling — Oberlandesgericht
Stuttgart — Interpretation of Articles 4 and 5 of Council Direc-
tive 85/577/EEC of 20 December 1985 to protect the consumer
in respect of contracts negotiated away from business premises
(OJ 1985 L 372, p. 31) — Cancellation of a loan contract,
negotiated away from business premises, to finance the acquisi-
tion of shares in a real property fund — National legislation
under which the right of cancellation expires one month after
both parties have performed in full their contractual obligations,
even where a consumer has not been informed of that right

Operative part of the judgment

in respect of

Council Directive 85/577/EEC of 20 December 1985 to protect the
consumer
contracts negotiated away from business
premises must be interpreted as meaning that the national legislature
is entitled to provide that
the right of cancellation laid down in
Article 5(1) of the directive may be exercised no later than one month
from the time at which the contracting parties have performed in full
their obligations under a contract
for long-term credit, where the
consumer has been given defective notice concerning the exercise of that
right.

(Case C-442/06) (1)

(Failure of a Member State to fulfil obligations — Directive
legislation
1999/31/EC — Landfill of waste — National

concerning existing landfill sites — Incorrect transposition)

(2008/C 128/17)

Language of the case: Italian

Parties

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

Defendant:
Agent, G. Fiengo, avocat)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of
Council Directive 1999/31/EC of 26 April 1999 on the landfill
of waste (OJ 1999 L 182, p. 1) — National legislation which
does not comply with the directive

Operative part of the judgment

The Court:

1. Declares that, by adopting and maintaining in force Legislative
Decree No 36 of 13 January 2003, as amended, which transposes
Council Directive 1999/31/EC of 26 April 1999 on the landfill
of waste into national law,

— in so far as that legislative decree does not provide for the appli-
cation of Articles 2 to 13 of Directive 1999/31 to landfills
authorised subsequent to the date of expiry of the period for
transposition of that directive and prior to the date of the entry
into force of the legislative decree, and

— in so far as

it does not

transposition of
Article 14(d)(i) of that directive,the Italian Republic has failed
to fulfil
its obligations under Articles 2 to 14 of Directive
1999/31;

secure

the

2. Orders the Italian Republic to pay the costs.

(1) OJ C 310 of 16.12.2006.

(1) OJ C 326, 30.12.2006.