CELEX: C2006/326/74
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-442/06: Action brought on 26 October 2006 — Commission of the European Communities v Italian Republic

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/35
            
         Action brought on 26 October 2006 — Commission of the European Communities v Italian Republic
   (Case C-442/06)
   (2006/C 326/74)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Recchia and M. Konstantinidis, Agents)
   
      Defendant: Italian Republic
   Form of order sought
   
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               declare that, by adopting and maintaining in force Legislative Decree No 36 of 13 January 2003, as amended, which transposes into national law Directive 1999/31/EC (1) in a manner inconsistent with the directive itself, the Italian Republic has failed to fulfil its obligations under 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;
            
         
               —
            
            
               order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments
   Following receipt of a complaint, the Commission examined whether the national legislation complied with Directive 1999/31/EC. The non-compliance found by the Commission is due to late transposition by the Italian Republic. The directive provides for two distinct legal regimes, depending on whether new or existing landfill sites are at issue. Because of the late transposition effected by the Legislative Decree some landfill sites which should have been subject to the regime laid down for new landfill sites are instead subject to the regime laid down for existing landfill sites.
   
      (1)   OJ L 1999 182, p. 1.