CELEX: 62006CJ0082
Language: en
Date: 2007-06-14
Title: Judgment of the Court (Eighth Chamber) of 14 June 2007.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil its obligations - Environment - Waste - Hazardous waste - Directives 75/442/EEC and 91/689/EEC - Obligation to draw up and communicate waste management plans.#Case C-82/06.

Judgment of the Court (Eight Chamber) of 14 June 2007 – Commission v Italy
      (Case C‑82/06)
      Failure of a Member State to fulfil its obligations – Environment – Waste – Hazardous waste – Directives 75/442/EEC and 91/689/EEC – Obligation to draw up and communicate waste management plans
      1.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the
            action (Art. 226 EC) (see para. 14)
      2.                     Acts of the Community institutions – Directives – Implementation by Member States (Art. 249 EC; Council Directive 75/442,
            as amended by Directives 91/156, and 91/689) (see paras 19, 34-35, 37-39)
      3.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 25)
      4.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 26)
      Re:
      
         Failure of a Member State to fulfil its obligations – Infringement of Article 7 of Council Directive 75/442/EEC of 15 July
                  1975 on waste (OJ 1975 L 194, p. 47), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), and
                  Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20) – Obligation to communicate
                  waste management plans.
               
            Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to draw up:
               
            –       a waste management plan in accordance with Article 7(1) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended
         by Council Directive 91/156/EEC of 18 March 1991, for the Province of Rimini;
      
      –       waste management plans including suitable sites or installations for the disposal of waste in accordance with the fourth indent
         of Article 7(1) of Directive 75/442, as amended by Directive 91/156, for the Region of Lazio;
      
      –       waste management plans in accordance with Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste
         for the Regions of Friuli Venezia-Giulia and Puglia, the Autonomous Province of Bolzano Alto-Adige and the Province of Rimini,
      
      the Italian Republic has failed to fulfil its obligations under those directives;
      
         
                   
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.