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:

Operative part

The Court:

–       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;