Asunto C-195/05: Recurso interpuesto el 2 de mayo de 2005 contra la República Italiana por la Comisión de las Comunidades Europeas

• Jurisdiction: European Union
• Published date: 27 July 2005
• Celex Number: C2005/182/46

23.7.2005 EN Official Journal of the European Union C 182/25

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Action brought on 2 May 2005 by the Commission of the European Communities against the Italian Republic

(Case C-195/05)

(2005/C 182/46)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 2 May 2005 by the Commission of the European Communities, represented by M. Konstantinidis, of its Legal Service, and G. Bambara, of the Milan Bar.

The Commission claims that the Court should:

1. declare that, by adopting operational directives valid for the whole of the national territory, set out in particular in the circular of the Environment Ministry of 28 July 1998 and the circular of the Health Ministry of 22 July 2002, which exclude from the scope of the rules on waste reject foodstuffs from the agri-foodstuffs industry intended for the production of feeding stuffs and by excluding, by means of Article 23 of Law No 179 of 31 July 2002, from the scope of the rules on waste leftovers from the kitchen preparation of all types of solid, cooked and uncooked food which have not entered the distribution chain and are intended for facilities for treating sick animals, the Italian Republic has failed to fulfil its obligations under Article 1(a) of Directive 75/442/EEC on waste, (1) as amended by Directive 91/156/EC; (2)

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The European Commission takes the view that, by adopting operational directives valid for the whole of the national territory which exclude from the scope of the rules on waste reject foodstuffs from the agri-foodstuffs industry intended for the production of feeding stuffs and by excluding, by means of Article 23 of Law No 179 of 31 July 2002, from the scope of the rules on waste leftovers from the kitchen preparation of all types of solid, cooked and uncooked food which have not entered the distribution chain and are intended for facilities for treating sick animals, the Italian Republic has failed to fulfil its obligations under Article 1(a) of Directive 75/442/EEC on waste, as amended by Directive 91/156/EC.

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