CELEX: C2005/193/07
Language: en
Date: 2005-08-06 00:00:00
Title: Judgment of the Court (Third Chamber) of 9 June 2005 in Case C-270/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Management of waste — Directive 75/442/EEC as amended by Directive 91/156/EEC — Transport and collection of waste — Article 12)

6.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/5
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 9 June 2005
   in Case C-270/03: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Environment - Management of waste - Directive 75/442/EEC as amended by Directive 91/156/EEC - Transport and collection of waste - Article 12)
   (2005/C 193/07)
   Language of the case: Italian
   In Case C-270/03, Commission of the European Communities (Agents: L. Visaggio and R. Amorosi) v Italian Republic (Agents: I.M. Braguglia and M. Fiorilli) brought on 23 June 2003 — failure to fulfil obligations under Article 226 EC — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J. P. Puissochet (Rapporteur), S. von Bahr, J. Malenovský and U. Lõhmus, Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal Administrator for the Registrar, gave a judgment on 9 June 2005, in which it:
   
               1.
            
            
               Declares that, by permitting undertakings, in accordance with Article 30(4) of Decree-Law No 22 of 5 February 1997 implementing Directive 91/156/EEC on waste, Directive 91/689/EEC on hazardous waste and Directive 94/62/EC on packaging and packaging waste, as amended by Article 1(19) of Law No 426 of 9 December 1998:
               
                           —
                        
                        
                           to collect and transport their own non-hazardous waste, as a normal and regular activity, without being required to be entered in the Albo nazionale delle imprese esercenti servizi di smaltimento rifiuti (national register of undertakings carrying out waste-disposal services) and
                        
                     
                           —
                        
                        
                           to transport their own hazardous waste in quantities not exceeding 30 kg and 30 l per day, without being required to be entered in that register,
                        
                     the Italian Republic has failed to fulfil its obligations under Article 12 of 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 200 of 23.08.2003.