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30.8.2008 |
EN |
Official Journal of the European Union |
C 223/35 |
Action brought on 3 July 2008 — Commission of the European Communities v Italian Republic
(Case C-297/08)
(2008/C 223/55)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: C. Zadra, D. Recchia and J.-B. Laignelot, acting as Agents)
Defendant: Italian Republic
Form of order sought
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declare that, by failing to adopt, in respect of the Region of Campania, all the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without harming the environment and, in particular, by failing to establish an integrated and adequate network of disposal installations, the Italian Republic has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (1); |
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order the Italian Republic to pay the costs. |
Pleas in law and main arguments
By the present action, the Commission seeks to obtain a declaration that the Italian Republic has failed to create, in the Region of Campania, an integrated and adequate network of disposal installations suitable to enable self-sufficiency in waste disposal characterised by the criterion of proximity. As recognised by the Italian authorities themselves in official communications, the failure to fulfil obligations complained of is a source of danger to human health and the environment and therefore constitutes infringement of Articles 4 and 5 of Directive 2006/12/EC.
(1) OJ L 114 of 27.4.2006, p. 9.