CELEX: 62008CA0254
Language: en
Date: 2009-07-16 00:00:00
Title: Case C-254/08: Judgment of the Court (Second Chamber) of 16 July 2009 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy)) — Futura Immobiliare srl Hotel Futura, Meeting Hotel, Hotel Blanc, Hotel Clyton, Business srl v Comune di Casoria (Reference for a preliminary ruling — Directive 2006/12/EC — Article 15(a) — Waste disposal costs not allocated on the basis of actual production of waste — Compatibility with the polluter pays principle)

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/13
            
         Judgment of the Court (Second Chamber) of 16 July 2009 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy)) — Futura Immobiliare srl Hotel Futura, Meeting Hotel, Hotel Blanc, Hotel Clyton, Business srl v Comune di Casoria
   (Case C-254/08) (1)
   
   (Reference for a preliminary ruling - Directive 2006/12/EC - Article 15(a) - Waste disposal costs not allocated on the basis of actual production of waste - Compatibility with the ‘polluter pays’ principle)
   2009/C 220/21
   Language of the case: Italian
   
      Referring court
   
   Tribunale Amministrativo Regionale della Campania
   
      Parties to the main proceedings
   
   
      Applicants: Futura Immobiliare srl Hotel Futura, Meeting Hotel, Hotel Blanc, Hotel Clyton, Business srl
   
      Defendant: Comune di Casoria
   
      Intervener: Azienda Speciale Igiene Ambientale (ASIA) SpA
   
      Re:
   
   Reference for a preliminary ruling — Tribunale Amministrativo Regionale della Campania — Interpretation of Article 15 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39) — National system not allocating the costs of waste disposal on the basis of the production of waste or its possession with a view to handling by a waste collector or an undertaking responsible for its disposal — Compatibility with the ‘polluter pays’ principle
   
      Operative part of the judgment
   
   Article 15(a) of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste must, as Community law currently stands, be interpreted as not precluding national legislation which, for the purposes of financing an urban waste management and disposal service, provides for a tax or charge calculated on the basis of an estimate of the volume of waste generated by users of that service and not on the basis of the quantity of waste which they have actually produced and presented for collection.
   It is, however, incumbent upon the national court to review, on the basis of the matters of fact and law placed before it, whether the tax for the disposal of private solid urban waste at issue in the main proceedings results in the allocation to certain ‘holders’, in the case in point hotel establishments, of costs which are manifestly disproportionate to the volumes or nature of the waste that they are liable to produce.
   
      (1)  OJ C 209, 15.8.2008.