CELEX: C2002/084/22
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Second Chamber) 24 January 2002 in Case C-466/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Environment — Waste — Directives 75/442/EEC, 91/689/EEC and 94/62/EC — Waste management plans)

C 84/14                 EN                      Official Journal of the European Communities                                              6.4.2002
     —     Articles 6, 7 and 23 of Provincial Law No 35 of the                   —     Article 3 of Presidential Decree No 7 of 15 January
           Autonomous Province of Trento of 2 September                                1972;
           1978,
                                                                                 —     Article 2(c) and (d), Article 3, first paragraph, (b) and (c),
                                                                                       and Article 5, first paragraph, (a), of Regional Law
the Italian Republic has failed to fulfil its obligations under                        No 12 of Liguria of 3 November 1972;
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,                       —     Article 8, paragraph 1(d), of Regional Law No 35 of
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now                            Veneto of 2 August 1988;
Article 45 EC), Articles 56 and 57 of the EC Treaty (now, after
amendment, Articles 46 EC and 47 EC) and Article 58 of the                       —     Article 8, second paragraph, and Article 11, first
EC Treaty (now Article 48 EC),                                                         paragraph, of Regional Law No 43 of Emilia-Romagna
                                                                                       of 26 May 1980, and
THE COURT (Fifth Chamber), composed of: P. Jann, President
of the Chamber, S. von Bahr (Rapporteur), A. La Pergola,                         —     Articles 5, 13, 14 and 15, first paragraph, (a), of
L. Sevón and M. Wathelet, Judges, Advocate General: S. Alber,                         Regional Law No 10 of Friuli Veneto Giulia of 23 Febru-
Registrar: R. Grass, has given a judgment on 15 January 2002,                          ary 1981,
in which it:
                                                                                 the Italian Republic has failed to fulfil its obligations under
                                                                                 Articles 59 to 61 and 63 to 66 of the Treaty and under
1.   Declares that by retaining the following provisions:                        Articles 52 and 54 of the EC Treaty (now, after amendment,
                                                                                 Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
                                                                                 Article 45 EC), Articles 56 and 57 of the EC Treaty (now,
     —     Article 2, first paragraph, and Article 7 of Royal Decree             after amendment, Articles 46 EC and 47 EC) and Article 58
           No 454 of 29 January 1934;                                            of the EC Treaty (now Article 48 EC);
     —     Article 2, first paragraph, of Presidential Decree No 7 of      3.    Dismisses the remainder of the action;
           15 January 1972;
                                                                           4.    Orders the Italian Republic to pay the costs.
     —     Article 2, paragraphs 4, 6 and 7, of Presidential Decree
                                                                           (1) OJ C 47 of 19.2.2000.
           No 390 of 18 April 1994;
     —     Article 4 of Regional Law No 40 of Liguria of 14 July
           1978;
     —     Article 6, paragraph 1(e), (f) and (h), and Article 7 of                         JUDGMENT OF THE COURT
           Regional Law No 35 of Veneto of 2 August 1988;
                                                                                                    (Second Chamber)
     —     Article 4, Article 5, sixth paragraph, (a) and (c), Article 6,
                                                                                                      24 January 2002
           first paragraph, Article 8, first and second paragraphs,
           and Article 16, first paragraph, of Regional Law No 43
           of Emilia-Romagna of 26 May 1980;                               in Case C-466/99: Commission of the European Communi-
                                                                                                 ties v Italian Republic (1)
     —     Article 4, paragraph 1(c) and paragraph 2, and                  (Failure by a Member State to fulfil its obligations —
           Article 15, paragraph 3, of Regional Law No 45 of               Environment — Waste — Directives 75/442/EEC,
           Lombardy of 29 April 1980;                                        91/689/EEC and 94/62/EC — Waste management plans)
     —     Articles 3, 4 and 8, last paragraph, of Regional Law                                        (2002/C 84/22)
           No 10 of Friuli Veneto Giulia of 23 February 1981, and
                                                                                                (Language of the case: Italian)
     —     Articles 3, 5 and 12 of Provincial Law No 35 of the
           Autonomous Province of Trento of 2 September 1978,              (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
     the Italian Republic has failed to fulfil its obligations under
     Article 59 of the EC Treaty (now, after amendment, Article 49
                                                                           In Case C-466/99, Commission of the European Communities
     EC), Article 60 of the EC Treaty (now Article 50 EC),
                                                                           (agents: L. Ström and G. Bisogni) v Italian Republic (agent:
     Articles 61, 63 and 64 of the EC Treaty (now, after
                                                                           U. Leanza, assisted by P. G. Ferri): Application for a declaration
     amendment, Articles 51 EC, 52 EC and 53 EC) and Articles 65
                                                                           that, by not forwarding to the Commission information
     and 66 of the EC Treaty (now Articles 54 EC and 55 EC);
                                                                           concerning plans for the management and disposal of waste,
                                                                           hazardous waste, packaging and packaging waste, the Italian
2.   Declares that by retaining the following provisions:                  Republic has failed to fulfil its obligations under Article 7 of
 ---pagebreak--- 6.4.2002                 EN                     Official Journal of the European Communities                                            C 84/15
Council Directive 75/442/EEC of 15 July 1975 on waste (OJ                  (Regional Civil Court, Vienna) (Austria) for a preliminary ruling
1975 L 194, p. 39), as amended by Council Directive                        in the proceedings pending before that court between Clean
91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), Article 6               Car Autoservice GmbH and Stadt Wien, Republik Österreich
of Council Directive 91/689/EEC of 12 December 1991 on                     — on the interpretation of the first subparagraph of
hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of                  Article 104(5) of the Rules of Procedure of the Court of Justice,
European Parliament and Council Directive 94/62/EC of                      in codified version 1999/C 65/01 of 6 March 1999 (OJ 1999
20 December 1994 on packaging and packaging waste (OJ                      C 65, p. 1) — the Court (Sixth Chamber), composed of:
1994 L 365, p. 10), the Court (Second Chamber), composed                   N. Colneric, President of the Second Chamber, acting as
of: N. Colneric, President of the Chamber, R. Schintgen and                President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet,
V. Skouris (Rapporteur), Judges, Advocate General: J. Mischo,              R. Schintgen (Rapporteur) and V. Skouris, Judges; L.A. Geel-
Registrar: H. von Holstein, Deputy Registrar, has given a                  hoed, Advocate General; H.A. Rühl, Principal Administrator,
judgment on 24 January 2002, in which it has ruled:                        for the Registrar, has given a judgment on 6 December 2001,
                                                                           in which it has ruled:
1.    Declares that, by not forwarding to the Commission information
      concerning plans for the management and disposal of waste
                                                                           Article 104(5) of the Rules of Procedure of the Court of Justice, in
      and hazardous waste in respect of the regions of Sicily and
                                                                           codified version 1999/C 65/01 of 6 March 1999, is to be
      Basilicata, or information concerning plans for the management
                                                                           interpreted as meaning that payment of the costs incurred by the
      of packaging and packaging waste in respect of all the Italian
                                                                           parties to the main proceedings for the purposes of the procedure
      regions, the Italian Republic has failed to fulfil its obligations
                                                                           under Article 234 EC for obtaining a preliminary ruling is governed
      under Article 7 of Council Directive 75/442/EEC of 15 July
                                                                           by the domestic law rules applicable to the proceedings before the
      1975 on waste, as amended by Council Directive 91/156/EEC
                                                                           national court, provided that those rules are not less favourable than
      of 18 March 1991, Article 6 of Council Directive 91/689/EEC
                                                                           those applicable to similar procedural steps which may be taken in
      of 12 December 1991 on hazardous waste, and Article 14 of
                                                                           such proceedings in accordance with national law.
      European Parliament and Council Directive 94/62/EC of
      20 December 1994 on packaging and packaging waste;
2.    Orders the Italian Republic to pay the costs.                        (1) OJ C 47 of 19.2.2000.
(1) OJ C 34 of 5.2.2000.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                          (Sixth Chamber)
                                                                                                     10 January 2002
                        of 6 December 2001
in Case C-472/99 (reference for a preliminary ruling from                  In Case C-480/99 P: Gerry Plant and Others v Commission
the Landesgericht für Zivilrechtssachen Wien): Clean Car                                  of the European Communities (1)
Autoservice GmbH v Stadt Wien, Republik Österreich (1)
                                                                           (Appeal — Action for annulment under Article 33 of the
(Article 234 EC — Costs of the parties to the main                         ECSC Treaty — Admissibility — Audi alteram partem rule
proceedings — Article 104(5) of the Rules of Procedure of                                        in judicial proceedings)
                              the Court)
                                                                                                      (2002/C 84/24)
                           (2002/C 84/23)
                                                                                              (Language of the case: English)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                            in the European Court Reports)
In Case C-472/99: reference to the Court under Article 234                 In Case C-480/99 P, Gerry Plant and Others (agents: B. Hewson,
EC from the Landesgericht für Zivilrechtssachen Wien                       barrister, instructed by T. Graham, solicitor): Appeal against