Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Italian Republic (Judgment of the Court (Seventh Chamber)) [2008] EUECJ C-368/07 (25 September 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C34207.html
Cite as: ECLI:EU:C:2008:523, EU:C:2008:523, [2008] EUECJ C-368/7, [2008] EUECJ C-368/07

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Judgment of the Court (Seventh Chamber) of 25 September 2008 – Commission v Italy

(Case C‑368/07)

Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to develop and implement waste reception and handling plans for all ports

1.                     Actions for failure to fulfil obligations – Examination of the 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. 12)

2.                     Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective (Art. 249 EC) (see para. 16)

3.                     Environment – Waste – Directive 2000/59 – Ship-generated waste and cargo residues (European Parliament and Council Directive 2000/59, Arts 3(b), 5(1) and 16(1)) (see paras 17-22, operative part)

Re:

Failure of Member State to fulfil obligations – Failure to have adopted, within the prescribed period, all the measures necessary to comply with Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ 2000 L 332, p. 81).

Operative part

The Court:

1.

Declares that, by failing to prepare and adopt waste reception and handling plans for every Italian port, the Italian Republic has failed to fulfil its obligations under Articles 5(1) and 16(1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;

2.

Orders the Italian Republic to pay the costs.

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