Case C-297/08: Action brought on 3 July 2008 — Commission of the European Communities v Italian Republic
Date: 2008-07-03
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, public health, waste disposal, waste management

30.8.2008

EN

Official Journal of the European Union

C 223/35

2. If the answer to the above question is in the negative, do the
provisos made by the executing Member State permit that
State to apply a Convention of 27 September 1996, thus
prior to 1 January 2004, but which entered into force in that
executing State after that date of 1 January 2004 referred to
in Article 32 of the Framework Decision?

(1) Council Framework Decision 2002/584/JHA of 13 June 2002 on the
European arrest warrant and the surrender procedures between
Member States (OJ 2002 L 190, p. 1).

Italian authorities themselves in official communications, the
failure to fulfil obligations complained of is a source of danger
to human health and the environment and therefore constitutes
infringement of Articles 4 and 5 of Directive 2006/12/EC.

(1) OJ L 114 of 27.4.2006, p. 9.

Action brought on 3 July 2008 — Commission of the
European Communities v Hellenic Republic

Action brought on 3 July 2008 — Commission of the
European Communities v Italian Republic

(Case C-297/08)

(2008/C 223/55)

Language of the case: Italian

Parties

(Case C-298/08)

(2008/C 223/56)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and I. Khatzigiannis)

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra, D. Recchia and J.-B. Laignelot, acting as
Agents)

Defendant: Hellenic Republic

Defendant: Italian Republic

Form of order sought

— declare that, by failing to adopt, in respect of the Region of
Campania, all the necessary measures to ensure that waste is
recovered or disposed of without endangering human health
and without harming the environment and, in particular, by
failing to establish an integrated and adequate network of
disposal installations, the Italian Republic has failed to fulfil
its obligations under Articles 4 and 5 of Directive
2006/12/EC of the European Parliament and of the Council
of 5 April 2006 on waste (1);

Form of order sought

the European Parliament and of

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2006/22/EC (1) of
the
Council of 15 March 2006 on minimum conditions for the
implementation of Council Regulations (EEC) No 3820/85
and (EEC) No 3821/85 concerning social legislation relating
to road transport activities and repealing Council Directive
88/599/EEC, or in any event by not notifying those provi-
sions to the Commission, the Hellenic Republic has failed to
fulfil its obligations under that directive;

— order the Hellenic Republic to pay the costs.

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 1 April 2007.

By the present action, the Commission seeks to obtain a declara-
tion that the Italian Republic has failed to create, in the Region
of Campania, an integrated and adequate network of disposal
installations suitable to enable self-sufficiency in waste disposal
characterised by the criterion of proximity. As recognised by the

(1) OJ L 102, 11.4.2006, p. 35.