CELEX: C2004/262/10
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 September 2004 in Case C-375/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste management — Castelliri waste disposal site — Directive 75/442/EEC of 18 March 1991 as amended by Directive 91/156/EEC — Articles 4 and 8)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/5
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 9 September 2004
   in Case C-375/02: Commission of the European Communities v Italian Republic (1)
   
   (Failure by a Member State to fulfil its obligations - Environment - Waste management - Castelliri waste disposal site - Directive 75/442/EEC of 18 March 1991 as amended by Directive 91/156/EEC - Articles 4 and 8)
   (2004/C 262/10)
   Language of the case: Italian
   In Case C-375/02: Commission of the European Communities (Agents: M. Konstantinidis and R. Amorosi) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) — action for failure to fulfil obligations under Article 226 EC brought on 18 October 2002 — the Court (Fifth Chamber), composed of: C. Gulmann, President of Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 7 September 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to adopt the measures necessary to ensure that the waste deposited in the Castelliri waste disposal site (Frosinone) (Italy) is recovered or eliminated without endangering human health and without using processes or methods which could harm the environment, and by failing to adopt the measures necessary to ensure that any holder of waste at that site has it handled by a private or public waste collector or by an undertaking which carries out the operations listed in Annex II A or B to Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156 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.
            
            
               The Italian Republic is ordered to pay the costs.
            
         
      (1)  OJ C 305 of 7.12.2002.