Judgment of the Court (Sixth Chamber) of 15 October 2014 —
Commission v Italy
(Case C‑323/13) 1(1)
Failure of a Member State to fulfil obligations — Environment — Directives 1999/31/EC and 2008/98/EC – Management plan – Adequate and integrated network of disposal installations – Obligation to put in place waste treatment providing the best result for human health and environmental protection
1. Environment — Waste — Directive 2008/98 — Obligation on Member States to ensure that waste is recovered or disposed of — Obligation to achieve a result — Discretion of the Member States regarding the measures to be taken — Limits — Obligation to reduce the negative effects of waste on the environment and public health — Failure to fulfil obligations (European Parliament and Council Directive 2008/98, Arts 4 and 13; Council Directive 1999/31, Arts 1(1) 6(a)) (See paras 29, 31-38, 45)
2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see paras 41, 42)
3. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — Exercise of that right not dependent on a specific interest in bringing an action — To be exercised at its discretion (Art. 258 TFEU) (see para. 43)
Operative part
The Court:
– by not taking all necessary measures to ensure that part of the municipal waste going to the landfills of the Rome SubATO, excluding the Cecchina landfill, and to those of the Latina SubATO undergoes treatment, including a proper sorting of the various fractions of the waste and the stabilisation of the organic fraction, the Italian Republic has failed to fulfil its obligations under Article 1(1), in conjunction with Article 6(a), of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, and Articles 4 and 13 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives,
– and by failing to establish in the region of Lazio an integrated and adequate network of waste management installations which takes into account best available techniques, the Italian Republic has failed to fulfil its obligations under Article 16(1) of Directive 2008/98;
2. | | Orders the Italian Republic to pay the costs. |