Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62006CA0442

    Case C-442/06: Judgment of the Court (Second Chamber) of 10 April 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — National legislation concerning existing landfill sites — Incorrect transposition)

    SL C 128, 24.5.2008, p. 11–11 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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,

    —

    in so far as that legislative decree does not provide for the application of Articles 2 to 13 of Directive 1999/31 to landfills authorised subsequent to the date of expiry of the period for transposition of that directive and prior to the date of the entry into force of the legislative decree, and

    —

    in so far as it does not secure the transposition of Article 14(d)(i) of that directive,

    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.

    (1)  OJ C 326, 30.12.2006.

    Top