CELEX: C2005/045/17
Language: en
Date: 2005-02-19 00:00:00
Title: Judgment of the Court of Justice (Fifth Chamber) of 16 September 2004 in Case C-516/03: Commission of the European Communities v Italian Republic (Failure to fulfil obligations — Environment — Waste management — Campolungo (Ascoli Piceno) waste plant — Directive 75/442/EEC amended by Directive 91/156/EEC — Articles 4 and 8)

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/9
            
         
      JUDGMENT OF THE COURT OF JUSTICE
   
   (Fifth Chamber)
   of 16 September 2004
   in Case C-516/03: Commission of the European Communities v Italian Republic (1)
   
   (Failure to fulfil obligations - Environment - Waste management - Campolungo (Ascoli Piceno) waste plant - Directive 75/442/EEC amended by Directive 91/156/EEC - Articles 4 and 8)
   (2005/C 45/17)
   Language of the case: Italian
   In Case C-516/03: Commission of the European Communities (Agents: R. Amorosi and M. Konstantinidis) against Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) – action for failure to fulfil obligations under Article 226 EC, brought on 9 December 2003 – the Court of Justice (Fifth Chamber), composed of C. Gulmann, acting as President of the Fifth Chamber, R. Schintgen, J. Klučka (Rapporteur), Judges; C. Stix-Hackl, Advocate General, R. Grass, Registrar, has given a judgment on 16 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing to take the measures necessary to ensure that the waste deposited in the Campolungo waste plant, situated in the commune of Ascoli Piceno (Italy), is recovered or disposed of without endangering human health and without using procedures or methods which are likely to harm the environment, and by failing to take the measures necessary to ensure that any holder of waste deposited in that waste plant has it handled by a private or public collector or by an undertaking which carries out the operations listed in Annex II A or B to Council Directive of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, or recovers or disposes of it himself, the Italian Republic has failed to fulfil its obligations under Articles 4 and 8 of that directive.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 59 of 06.03.2004.