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Document 62013CJ0323
Commission v Italy
Commission v Italy
Judgment of the Court (Sixth Chamber) of 15 October 2014 — Commission v Italy
(Case C‑323/13) ( 1 )
‛Failure of a Member State to fulfil obligations — Environment — Directives 1999/31/EC and 2008/98/EC — Management plan — Adequate and integrated network of disposal installations — Obligation to put in place waste treatment providing the best result for human health and environmental protection’
1. |
Environment — Waste — Directive 2008/98 — Obligation on Member States to ensure that waste is recovered or disposed of — Obligation to achieve a result — Discretion of the Member States regarding the measures to be taken — Limits — Obligation to reduce the negative effects of waste on the environment and public health — Failure to fulfil obligations (European Parliament and Council Directive 2008/98, Arts 4 and 13; Council Directive 1999/31, Arts 1(1) 6(a)) (See paras 29, 31-38, 45) |
2. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 41, 42) |
3. |
Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Exercise of that right not dependent on a specific interest in bringing an action — To be exercised at its discretion (Art. 258 TFEU) (see para. 43) |
Operative part
The Court:
1. |
Declares that:
|
2. |
Orders the Italian Republic to pay the costs. |
( 1 ) OJ C 252, 31.8.2013
Judgment of the Court (Sixth Chamber) of 15 October 2014 — Commission v Italy
(Case C‑323/13) ( 1 )
‛Failure of a Member State to fulfil obligations — Environment — Directives 1999/31/EC and 2008/98/EC — Management plan — Adequate and integrated network of disposal installations — Obligation to put in place waste treatment providing the best result for human health and environmental protection’
1. |
Environment — Waste — Directive 2008/98 — Obligation on Member States to ensure that waste is recovered or disposed of — Obligation to achieve a result — Discretion of the Member States regarding the measures to be taken — Limits — Obligation to reduce the negative effects of waste on the environment and public health — Failure to fulfil obligations (European Parliament and Council Directive 2008/98, Arts 4 and 13; Council Directive 1999/31, Arts 1(1) 6(a)) (See paras 29, 31-38, 45) |
2. |
Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 41, 42) |
3. |
Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Exercise of that right not dependent on a specific interest in bringing an action — To be exercised at its discretion (Art. 258 TFEU) (see para. 43) |
Operative part
The Court:
1. |
Declares that:
|
2. |
Orders the Italian Republic to pay the costs. |
( 1 ) OJ C 252, 31.8.2013