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Case C-323/13: Action brought on 13 June 2013 — European Commission v Italian Republic

ECLI:EU:UNKNOWN:62013CN0323

62013CN0323

June 13, 2013
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31.8.2013

EN

Official Journal of the European Union

C 252/21

(Case C-323/13)

2013/C 252/33

Language of the case: Italian

Parties

Applicant: European Commission (represented by: L. Pignataro-Nolin and A. Alcover San Pedro, acting as Agents)

Defendant: Italian Republic

Form of order sought

Declare that, since part of the municipal waste going to the landfills of the Rome SubATO (sotto ambito territoriale ottimale; the subdivision of the Optimal Territorial Ambit), including the Malagrotta landfill and those of the Latina SubATO, does not undergo treatment including a proper sorting of the various fractions of the waste and the stabilisation of the organic fraction, and since an integrated and adequate network of waste disposal installations, which takes account of the best available technology, has not been created in Lazio, the Italian Republic has failed to fulfil its obligations under Article 6(a) of Directive 1999/31/EC, (1) read in conjunction with Article 1(1) of Directive 1999/31/EC and with Articles 4 and 13 of Directive 2008/98/EC, (2) and under Article 16(1) of Directive 2008/98/EC;

Order the Italian Republic to pay the costs of the proceedings.

Pleas in law and main arguments

The period for transposing Directive 1999/31/EC expired on 16 July 2001.

The period for transposing Directive 2008/98/EC expired on 12 December 2010.

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999 p. 1).

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008 p. 3).

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