This document is an excerpt from the EUR-Lex website
Document 62007CA0283
Case C-283/07: Judgment of the Court (Eighth Chamber) of 22 December 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Article 1 — Concept of waste — Scrap intended for use in iron and steel activities — High-quality refuse-derived fuel — Incorrect transposition)
Case C-283/07: Judgment of the Court (Eighth Chamber) of 22 December 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Article 1 — Concept of waste — Scrap intended for use in iron and steel activities — High-quality refuse-derived fuel — Incorrect transposition)
Case C-283/07: Judgment of the Court (Eighth Chamber) of 22 December 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Article 1 — Concept of waste — Scrap intended for use in iron and steel activities — High-quality refuse-derived fuel — Incorrect transposition)
IO C 44, 21.2.2009, p. 12–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.2.2009 |
EN |
Official Journal of the European Union |
C 44/12 |
Judgment of the Court (Eighth Chamber) of 22 December 2008 — Commission of the European Communities v Italian Republic
(Case C-283/07) (1)
(Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Article 1 - Concept of waste - Scrap intended for use in iron and steel activities - High-quality refuse-derived fuel - Incorrect transposition)
(2009/C 44/20)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by C. Zadra and J.-B. Laignelot, acting as Agents)
Defendant: Italian Republic (represented by I. Braguglia, acting as Agent, and G. Fiengo, Avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) — Refuse-derived fuel (RDF) and scrap intended for use in iron and steel and metallurgical activities — Exclusion from the scope of the national transposition law
Operative part of the judgment
The Court:
1. |
Declares that, by adopting and maintaining in force provisions such as
under which certain scrap intended for use in iron and steel and metallurgical activities and high-quality refuse-derived fuel (RDF-Q) respectively are excluded a priori from the scope of the Italian legislation on waste transposing Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Italian Republic has failed to fulfil its obligations under Article 1(a) of that directive; |
2. |
Orders the Italian Republic to pay the costs. |