Official Journal of the European Union

C 46/5

(Case C-196/13) (<span class="super">1</span>)

((Failure of a Member State to fulfil obligations - Directives 75/442/EEC, 91/689/EEC and 1999/31/EC - Waste management - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Article 260(2) TFEU - Financial penalties - Penalty payment - Lump sum payment))

(2015/C 046/06)

Language of the case: Italian

Parties

Applicant: European Commission (represented by: D. Recchia, A. Alcover San Pedro and E. Sanfrutos Cano, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by G. Fiengo, avvocato dello Stato)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt all the measures necessary to ensure compliance with the judgment in Commission v Italy (C-135/05, EU:C:2007:250), the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;

2.Orders the Italian Republic to pay the European Commission, into the ‘European Union own resources’ account, from the day on which the present judgment is delivered until the judgment in Commission v Italy (EU:C:2007:250) has been complied with, a six-monthly penalty payment to be calculated, as regards the first six-month period following delivery of the present judgment, at the end of that period, on the basis of an initial amount set at EUR 4 280 000, from which the sum of EUR 400 000 is to be deducted in respect of each of the sites containing hazardous waste that has by then been brought into conformity with the judgment in Commission v Italy (EU:C:2007:250) and the sum of EUR 200 000 is to be deducted in respect of every other site that has by then been brought into conformity with that judgment. The penalty payment due in respect of every six-month period thereafter is to be calculated, at the end of each such period, on the basis of an initial amount — being the amount of the penalty payment set for the preceding six-month period — from which the same deductions are to be made in respect of sites, covered by the finding of a failure to fulfil obligations, that have been brought into conformity during the six-month period under consideration;

3.Orders the Italian Republic to pay the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 40 million;

4.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 207, 20.7.2013.