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Commission of the European Communities v. Italian Republic

Country/Territory
European Union, Italy
Type of court
International court
Date
Nov 23, 2006
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Timmermans, C.W.A
Schintgen, R.
Kuris, P.
Makarczyk, J.
Bay Larsen, L.
Ruiz-Jarabo Colomer, D.
Reference number
C-486/04
Language
Italian
Subject
Waste & hazardous substances, Environment gen.
Keyword
Environmental standards EIA
Abstract
In a case against Italy the Commission challenged Italian exemptions from the Environmental Impact Assessment (EIA) Directive for a waste development facility and a biomass incineration plant project in the village of Massafra in the region of Puglia. On 23 November 2006 the ECJ ruled against Italy stating that waste recovery operations are also covered by the EIA-Directive 85/337/EEC amended by Directive 97/11/EEC. It thus appeared of no relevance that the action of recovering waste is actually beneficial for the environment, because the installations could still have an impact on the environment.

References

Cites

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Legislation | European Union | 1985 | Repealed

Keyword: EIA, Authorization/permit, Land-use planning, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX