1.5.2010   

EN

Official Journal of the European Union

C 113/8


Judgment of the Court (Fourth Chamber) of 4 March 2010 — Commission of the European Communities v Italian Republic

(Case C-297/08) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2006/12/EC - Articles 4 and 5 - Waste management - Management plan - Integrated and adequate network of disposal installations - Danger for human health or the environment - Force majeure - Civil disturbances - Organised crime)

2010/C 113/11

Language of the case: Italian

Parties

Applicant: European Commission (represented by: C. Zadra, D. Recchia and J.-B. Laignelot, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and G. Aiello, avvocato dello Stato)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent and K. Bacon, Barrister)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 4 and 5 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 114, p. 9) — Region of Campania

Operative part of the judgment

The Court:

1.

Declares 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 has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste;

2.

Orders the Italian Republic to pay the costs;

3.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.


(1)  OJ C 223, 30.8.2008.