CELEX: C2004/300/09
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (First Chamber) of 7 October 2004 in Case C-103/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directives 75/442/EEC and 91/689/EEC — ‘Quantity of waste’ — Exemption from permit requirement)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/5
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 7 October 2004
   in Case C-103/02: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directives 75/442/EEC and 91/689/EEC - ‘Quantity of waste’ - Exemption from permit requirement)
   (2004/C 300/09)
   Language of the case: Italian
   In Case C-103/02: Commission of the European Communities (Agents: R. Wainwright and R. Amorosi) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli) — action under Article 226 EC for failure to fulfil obligations, brought on 20 March 2002 — the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas, R. Silva de Lapuerta, K. Lenaerts and S. von Bahr (Rapporteur), Judges; Advocate General: M. Poiares Maduro, Registrar: R. Grass, has given a judgment on 7 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to fix, in the Decree of 5 February 1998 relating to the identification of non-hazardous waste subject to simplified recovery procedures under Articles 31 and 33 of Legislative Decree No 22 of 5 February 1997, maximum quantities of waste by type of waste which may be recovered under the permit exemption scheme, the Italian Republic has failed to fulfil its obligations under Articles 10 and 11(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;
            
         
               2.
            
            
               Declares that, by failing to define precisely the types of waste relating to technical standards 5.9 and 7.8 of Annex 1 to that decree, the Italian Republic has failed to fulfil its obligations under Article 11(1) of Directive 75/442, as amended, and Article 3 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste;
            
         
               3.
            
            
               Dismisses the remainder of the action;
            
         
               4.
            
            
               Orders each party to pay its own costs.
            
         
      (1)  OJ C 118 of 18.5.2002.