CELEX: 62005CA0194
Language: en
Date: 2007-12-18 00:00:00
Title: Case C-194/05: Judgment of the Court (Third Chamber) of 18 December 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directives 75/442/EEC and 91/156/EEC — Concept of waste — Excavated earth and rocks intended for re-use)

23.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/7
            
         Judgment of the Court (Third Chamber) of 18 December 2007 — Commission of the European Communities v Italian Republic
   (Case C-194/05) (1)
   
   (Failure of a Member State to fulfil obligations - Environment - Directives 75/442/EEC and 91/156/EEC - Concept of ‘waste’ - Excavated earth and rocks intended for re-use)
   (2008/C 51/11)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Konstantinidis, Agent, and G. Bambara, avvocato)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and G. Fiengo, avvocato dello stato)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) — National law excluding excavated earth and rocks intended for re-use from the scope of the directive
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, in so far as Article 10 of Law No 93 of 23 March 2001 concerning provisions on the environment and Article 1(17) and (19) of Law No 443 of 21 December 2001 delegating to the Government matters of infrastructure and strategic installations of production and of other action to boost production excluded from the scope of the national legislation relating to waste excavated earth and rocks intended for actual re-use for filling, backfilling, embanking or as aggregates, with the exception of those from contaminated and decontaminated sites with a concentration of pollutants above the acceptable limits laid down by the regulations in force, the Italian Republic has failed to fulfil its obligations under Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;
            
         
               2)
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 182, 23.7.2005.