CELEX: C2005/019/16
Language: en
Date: 2005-01-22 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-97/04 Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 2000/76/EC — Incineration of waste — Failure to transpose)

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/8
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 2 December 2004
   in Case C-97/04 Commission of the European Communities v Italian Republic (1)
   
   (Failure by a Member State to fulfil its obligations - Directive 2000/76/EC - Incineration of waste - Failure to transpose)
   (2005/C 19/16)
   Language of the case: Italian
   In Case C-97/04 Commission of the European Communities (Agents: R. Amorosi and M. Konstantinidis) v Italian Republic (Agent: I.M. Braguglia, and G. Fiengo) – action under Article 226 EC for failure to fulfil obligations, brought on 26 February 2004 – the Court (Fourth Chamber), composed of: K. Lenaerts, President of the Chamber, N. Colneric and E. Levits (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 2 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste, the Italian Republic has failed to fulfil its obligations under that directive and, in particular, Article 21(1) thereof.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 94 of 17.4.2002.