CELEX: C2002/305/34
Language: en
Date: 2002-12-07 00:00:00
Title: Removal from the register of Case C-434/00

C 305/18               EN                       Official Journal of the European Communities                                    7.12.2002
      provided for in Annex II A or II B to Directive 75/442/                      Removal from the register of Case C-246/99 ( 1)
      EEC (1), as amended by Directive 91/156/EEC (2), or
      himself recovers or disposes of such waste, the Italian
      Republic has failed to fulfil its obligations under Articles 4                                (2002/C 305/33)
      and 8 of that directive;
2.    order the Italian Republic to pay the costs.
                                                                           By order of 11 September 2002 the President of the Court of
                                                                           Justice of the European Communities ordered the removal
                                                                           from the register of Case C-246/99: Commission of the
                                                                           European Communities v Kingdom of Denmark.
Pleas in law and main arguments
                                                                           (1 ) OJ C 246 of 28.8.1999.
The first paragraph of Article 4 of the directive provides that
Member States are to adopt the necessary measures to ensure
that waste is recovered or disposed of without endangering
human health and without using processes or methods which
could harm the environment, and in particular without risk to
water, air, soil and plants and animals, without causing a
nuisance through noise or odours and without adversely
                                                                                   Removal from the register of Case C-434/00 ( 1)
affecting the countryside or places of special interest.
                                                                                                    (2002/C 305/34)
In the present case, the Italian Republic has not adopted any
appropriate measure to ensure that waste deposited in the
Rodano disposal site is recovered or disposed of without
endangering human health and without using procedures or                   By order of 24 September 2002 the President of the Court of
methods which could harm the environment. Consequently, it                 Justice of the European Communities ordered the removal
has failed to fulfil its obligations under Article 4 of the                from the register of Case C-434/00 (Reference for a preliminary
directive.                                                                 ruling by the Hoge Raad der Nederlanden): G. Cuomo.
                                                                           (1 ) OJ C 28 of 27.1.2001.
In addition, Article 8 of the directive provides that Member
States are to ensure that any holder of waste has it handled by
a private or public waste collector or by an undertaking which
carries out the operations listed in Annex II A or B of the
directive, or recovers or disposes of it himself in accordance
with the provisions of the directive. To that end, the owners
or managers of disposal sites are regarded as holders within
the meaning of Article 8.
                                                                                   Removal from the register of Case C-120/01 ( 1)
The Italian Republic has failed to adopt the necessary measures
to ensure that the holder of waste deposited in the Rodano                                          (2002/C 305/35)
disposal site has such waste handled by a private or public
collector or an undertaking carrying out the operations
provided for in Annex II A or II B to the directive. Conse-
quently, it has failed to fulfil its obligations under Article 8 of        By order of 9 September 2002 the President of the Court of
the directive.                                                             Justice of the European Communities ordered the removal
                                                                           from the register of Case C-120/01: Commission of the
                                                                           European Communities v Ireland.
( 1) OJ L 194 of 25.7.1975, p. 39.
( 2) OJ L 78 of 26.3.1991, p. 32.
                                                                           (1 ) OJ C 150 of 19.5.2001.