Action brought on 23 March 2005 by Commission of the European Communities against Italian Republic

(Case C-135/05)

(2005/C 132/29)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 23 March 2005 by the Commission of the European Communities, represented by D. Recchia and M. Konstantinidis, of its Legal Service, acting as Agents.

The applicant claims that the Court should:

Pleas in law and main arguments

On the basis of numerous documents, the Commission has learned of the large number of tips in Italian territory operating illegally and without control by the public authorities, some of which contain hazardous waste,

The Commission considers that while it tolerates the presence of such tips, the Italian Republic is infringing its obligations under Articles 4, 8 and 9 of Council Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC, and under Articles 2(1) of Council Directive 912/689/EEC on hazardous waste.

As regards the tips existing as at 16 July 2991, with permits or already functioning by that date, the lack of information on the reorganisation plans which the managers of such tips should have submitted by 16 July 2002 prompts the Commission to consider that such reorganisation plans and the relevant authorisation measures and measures for the possible closure of tips not meeting the requirements of the directive are non-existent.

The Commission considers therefore that the Italian Republic has failed to fulfil its obligations under Article 14(a), (b) and (c) of Council Directive 1999/31/EC on the landfill of waste.

(1)  OJ L 194 of 25.7.1975, p. 39.

(2)  OJ L 78 of 26.3.1991, p. 32.

(3)  OJ L 377 of 31.12.1991, p. 20.

(4)  OJ L 182 of 16.7.1999, p. 1.