Judgment of the Court (Eighth Chamber) of 22 December 2008. – Commission of the European Communities v Italian Republic.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 47), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) – Refuse derived fuel (RDF) and scrap intended for use in iron and steel and metallurgical activities – Exclusion from the scope of the national implementing law.

Operative part

The Court:

1. Article 1(25) to (27) and (29)(a) of Law No 308 of 15 December 2004 delegating power to the government to reform, coordinate and supplement legislation in environmental matters and direct implementation measures, and

– Article 1(29)(b) of Law No 308 of 15 December 2004 and Articles 183(1)(s) and 229(2) of Legislative Decree No 152 of 3 April 2006 laying down rules in environmental matters,

under which certain scrap intended for use in iron and steel and metallurgical activities and high-quality refuse-derived fuel (RDF-Q) respectively are excluded a priori from the scope of the Italian legislation on waste transposing Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, the Italian Republic has failed to fulfil its obligations under Article 1(a) of that directive;