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Document 62006CJ0082
Judgment of the Court (Eighth Chamber) of 14 June 2007.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil its obligations - Environment - Waste - Hazardous waste - Directives 75/442/EEC and 91/689/EEC - Obligation to draw up and communicate waste management plans.#Case C-82/06.
Judgment of the Court (Eighth Chamber) of 14 June 2007.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil its obligations - Environment - Waste - Hazardous waste - Directives 75/442/EEC and 91/689/EEC - Obligation to draw up and communicate waste management plans.
Case C-82/06.
Judgment of the Court (Eighth Chamber) of 14 June 2007.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil its obligations - Environment - Waste - Hazardous waste - Directives 75/442/EEC and 91/689/EEC - Obligation to draw up and communicate waste management plans.
Case C-82/06.
European Court Reports 2007 I-00083*
ECLI identifier: ECLI:EU:C:2007:349
Judgment of the Court (Eight Chamber) of 14 June 2007 – Commission v Italy
(Case C‑82/06)
Failure of a Member State to fulfil its obligations – Environment – Waste – Hazardous waste – Directives 75/442/EEC and 91/689/EEC – Obligation to draw up and communicate waste management plans
1. Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the action (Art. 226 EC) (see para. 14)
2. Acts of the Community institutions – Directives – Implementation by Member States (Art. 249 EC; Council Directive 75/442, as amended by Directives 91/156, and 91/689) (see paras 19, 34-35, 37-39)
3. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 25)
4. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 26)
Re:
Failure of a Member State to fulfil its obligations – Infringement of Article 7 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 47), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), and Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20) – Obligation to communicate waste management plans. |
Operative part
The Court:
|
Declares that, by failing to draw up: |
– a waste management plan in accordance with Article 7(1) of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, for the Province of Rimini;
– waste management plans including suitable sites or installations for the disposal of waste in accordance with the fourth indent of Article 7(1) of Directive 75/442, as amended by Directive 91/156, for the Region of Lazio;
– waste management plans in accordance with Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste for the Regions of Friuli Venezia-Giulia and Puglia, the Autonomous Province of Bolzano Alto-Adige and the Province of Rimini,
the Italian Republic has failed to fulfil its obligations under those directives;
|
Orders the Italian Republic to pay the costs. |