CELEX: C2005/182/45
Language: en
Date: 2005-07-23 00:00:00
Title: Case C-194/05: Action brought on 2 May 2005 by the Commission of the European Communities against the the Italian Republic

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/24
            
         Action brought on 2 May 2005 by the Commission of the European Communities against the the Italian Republic
   (Case C-194/05)
   (2005/C 182/45)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 2 May 2005 by the Commission of the European Communities, represented by M. Konstantinidis, of its Legal Service, and G. Bambara, of the Milan Bar.
   The Commission claims that the Court should:
   
               1.
            
            
               declare that the Italian Republic, in so far as Article 10 of Law No 93 of 2001 and Article 1(17) and (19) of Law No 443 of 2001 exclude excavated earth and rocks intended for re-use for re-filling, infilling, embanking and grinding, with the exception of materials from polluted sites and reclaimed land with a concentration of pollutants above the acceptable limits laid down by the applicable rules, from the scope of national rules on waste, has failed to fulfil its obligations under Article 1(a) of Council Directive 75/442/EEC (1) on waste, as amended by Council Directive 91/156/EEC. (2)
               
            
         
               2.
            
            
               order the the Italian Republic to pay the costs.
            
         Pleas in law and main arguments
   The European Commission takes the view that the Italian Republic, in so far as it excludes excavated earth and rocks intended for re-use for re-filling, infilling, embanking and grinding, from the scope of national rules on waste, has failed to fulfil its obligations under Article 1(a) of Directive 75/442/EEC on waste as amended by Directive 91/156/EEC.
   
      (1)  OJ L 194 of 25.07.1975, p. 39.
   
      (2)  OJ L 78 of 26.03.1991, p. 32.