29.3.2014

Official Journal of the European Union

C 93/19

Action brought on 10 December 2013 — European Commission v Italian Republic

(Case C-653/13)

2014/C 93/30

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Recchia and E. Sanfrutos Cano, Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:

—

declare that the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU by failing to adopt all the measures necessary to comply with the judgment of the Court of Justice of the European Union in Case C-297/08 Commission v Italy [2010], in which it was held that, by failing to adopt, for the region of Campania, all the measures necessary to ensure that waste is recovered and disposed of without endangering human health and without harming the environment and, in particular, by failing to establish an integrated and adequate network of disposal installations, the Italian Republic had failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC; (1)

—

order the Italian Republic to pay the Commission a daily penalty of EUR 256 819,20 (that is, EUR 85 606,40 per day per installation category), minus any reductions which may follow from the gradual reduction formula proposed, from the day of delivery of the judgment in the present case until the day on which the judgment in Case C-297/08 is complied with;

—

order the Italian Republic to pay the Commission a lump sum, that sum being the product of multiplying a daily sum of EUR 28 089,60 by the number of days of continued infringement from the day on which the judgment in Case C-297/08 was delivered until the day of delivery of the judgment in the present case;

—	order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Commission claims that Italy has failed to adopt the measures necessary to comply with the judgment of the Court in Case C-297/08. According to the Commission, the proposed penalty (a daily penalty payment plus a lump sum payment) is commensurate with the seriousness and duration of the infringement and takes into account the need to ensure that the penalty is a deterrent against further infringements.

(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 11, p. 9).