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Case C-255/05 Commission v Italy

DATE: 05 Jul 2007

On 5 July 2007 the European Court of Justice (Second Chamber) gave judgment in Case C-255/05 Commission v Italy. These were proceedings under Article 226 EC brought by the Commission and alleging failures on the part of the Italian Republic to subject a "third line" of an incinerator belonging to ASM Brescia SpA to an environmental impact assessment under Directive 85/337/EEC as amended by Directive 97/11/EC ("the EIA Directive").

The Court applied, and endorsed, its earlier decision in Case C-486/04 Commission v Italy [2006] ECR I-11025 to the effect that an installation carrying out "waste recovery" operations is to be regarded as involving a "waste disposal" operation for the purposes of the EIA Directive notwithstanding the differing terminology of the Waste Framework Directive.

James Maurici represented the United Kingdom which intervened in support of the Italian Republic.