24.5.2008 |
EN |
Official Journal of the European Union |
C 128/11 |
Judgment of the Court (Second Chamber) of 10 April 2008 — Commission of the European Communities v Italian Republic
(Case C-442/06) (1)
(Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Landfill of waste - National legislation concerning existing landfill sites - Incorrect transposition)
(2008/C 128/17)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: D. Recchia and M. Konstantinidis, Agents)
Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, G. Fiengo, avocat)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) — National legislation which does not comply with the directive
Operative part of the judgment
The Court:
1. |
Declares that, by adopting and maintaining in force Legislative Decree No 36 of 13 January 2003, as amended, which transposes Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste into national law,
the Italian Republic has failed to fulfil its obligations under Articles 2 to 14 of Directive 1999/31; |
2. |
Orders the Italian Republic to pay the costs. |