CELEX: C2002/202/22
Language: en
Date: 2002-08-24 00:00:00
Title: Case C-248/02: Action brought on 8 July 2002 by the Commission of the European Communities against the Italian Republic

24.8.2002              EN                     Official Journal of the European Communities                                       C 202/15
‘Does Article 30(1) of Directive 93/37 of 14 June 1993 (1), in           —     by forwarding incomplete information as to the quantity
so far as it allows individual contracting authorities to choose               of sludge used annually in agriculture as dry matter
either the lowest price or the most economically advantageous                  (information in that regard is completely missing for
offer as the criterion for the award of a contract, constitute                 Abruzzo and Campania and has been incorrectly forward-
a logically consistent application of the principle of free                    ed, that is to say, the information forwarded did not relate
competition which is already enshrined in Article 85 of the                    to dry matter, in respect of Tuscany and Sicily),
Treaty (now Article 81 EC) and requires that all tenders
submitted as part of a procedure for the award of a contract             —     by failing to make proper provision so that the registers
announced within the single market be assessed in such a way                   in which are entered the composition and characteristics
as not to prevent, restrict or distort comparison between                      of the sludge, as required by Annex II A to Directive 86/
them?’                                                                         278/EEC (1), are properly updated, at least as regards
                                                                               Lombardy, Emilia Romagna, Tuscany, Abruzzo, Campa-
                                                                               nia, Valle d’Aosta, Sicily and the Marche, and
‘Does Article 30 of Directive 93/37 of 14 June 1993, as a
strictly logical consequence, preclude Article 21 of Law No 109
of 11 February 1994 from excluding, for the award of public              —     by failing to make proper provision so that the registers
works contracts under open and restricted procedures, the                      in which are entered the quantities of sludge produced
choice by the contracting authority of the criterion of the most               (with regard to the whole of Italy) and the sludge used in
economically advantageous tender, and prescribing, as a                        agriculture (as regards Abruzzo, Campania, Tuscany and
general rule, that of the lowest price only?’                                  Sicily) are properly updated,
                                                                         the Italian Republic has failed to fulfil its obligations under
(1) OJ L 199 of 9.8.1993, p. 54.                                         Article 17 of Council Directive 86/278/EEC, as amended
                                                                         by Article 5 of Council Directive 91/692/EEC (2), and of
                                                                         Article 10(1)(a) and (b) of Directive 86/278/EEC;
                                                                         Order the Italian Republic to pay the costs.
Action brought on 8 July 2002 by the Commission of the                   Pleas in law and main arguments
    European Communities against the Italian Republic
                                                                         According to Article 17 of Council Directive 86/278/EEC, as
                        (Case C-248/02)                                  amended by Article 5 of, together with Annex VI(g) to,
                                                                         Council Directive 91/692/EEC, which seeks to standardise and
                        (2002/C 202/22)                                  rationalises reports on the implementation of those directives
                                                                         concerning the environment, the Member States are to provide
                                                                         information every three years on the application of Directive
                                                                         86/278/EEC.
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 8 July 2002
by the Commission of the European Communities, represented               Italy has forwarded inadequate and incomplete information
by Hans Stovlbæk and Roberto Amorosi, acting as Agents.                  on the quantity of sewage sludge used in agriculture in 1995 to
                                                                         1997 and on the composition and the characteristics of the
                                                                         sludge as required by Annex II A to the directive.
The applicant claims that the Court should:
Declare that:                                                            Furthermore, the Italian authorities have made no provision to
                                                                         keep up to date the registers in which are entered the
                                                                         composition and the characteristics of the sludge, as required
—     by forwarding incomplete information on the average                by Annex II A to the directive, nor have they made provision
      values for concentrations (mg/kg dry matter) on an                 to keep up to date the registers in which are entered the
      annual basis of heavy metal (cadmium, copper, nickel,              quantities of sludge produced and used in agriculture, contrary
      lead, zinc, mercury and chromium) and of the elements              to Article 10(1)(b) of the directive.
      nitrogen and phosphorus contained in sewage sludge
      (information in that regard is completely missing for
      Lombardy, Emilia Romagna, Tuscany, Abruzzo, Campa-
                                                                         (1) OJ 1986 L 181, p. 6.
      nia, Valle d’Aosta and Sicily and are inadequate in respect        (2) OJ 1991 L 377, p. 48.
      of the Marche),
—     by failing to forward any information as to quantity
      (t/year) of sewage sludge produced as dry matter,