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

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)

Re:

Failure of a Member State to fulfil its obligations – Infringement of Article 7 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 47), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), and Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20) – Obligation to communicate waste management plans.

Operative part

The Court:

Declares that, by failing to draw up:

– 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;

Orders the Italian Republic to pay the costs.