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((Failure of a Member State to fulfil obligations - Environment - Directive 2006/12/EC - Articles 4 and 5 - Waste management - Region of Campania - Judgment of the Court - Finding of a failure to fulfil obligations - Failure to comply in full with a judgment of the Court - Article 260(2) TFEU - Financial penalties - Penalty payment - Lump sum payment))
(2015/C 311/06)
Language of the case: Italian
Applicant: European Commission (represented by: D. Recchia and E. Sanfrutos Cano, acting as Agents)
Defendant: Italian Republic (represented by G. Palmieri, acting as Agent, and by S. Fiorentino, avvocato dello Stato)
The Court:
1.declares that, by failing to adopt all the measures necessary to comply with the judgment in Commission v Italy (C-297/08, EU:C:2010:115), 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 account ‘European Union own resources’, a penalty payment of EUR 1 20 000 for each day of delay in adopting the measures necessary to ensure compliance with the judgment in Commission v Italy (C-297/08, EU:C:2010:115), from the day of delivery of the judgment in the present case until the day on which the judgment in Commission v Italy (C-297/08, EU:C:2010:115) is complied with,
3.orders the Italian Republic to pay the European Commission a lump sum, into the account ‘European Union own resources’, of EUR 20 million,
4.orders the Italian Republic to pay the costs.
(1) OJ C 93, 29.3.2014.