Judgment_paragraph 2 · Criminal proceedings against Sandro Gallotti, Roberto Censi, Giuseppe Salmaggi, Salvatore Pasquire, Massimo Zappone, Francesco Segna and others, Cesare Cervetti, Mario Gasbarri, Isidoro Narducci and Fulvio Smaldone (C-58/95, C-75/95, C-112/95, C-119/95, C-123/95, C-135/95, C-140/95, C-141/95, C-154/95, C-157/95)

2Those questions were raised in criminal proceedings against various people accused of contravening Italian legislation on waste, in particular Presidential Decree No 915 of 10 September 1982 implementing Directive 75/442/EEC on waste, Directive 76/403/EEC on the disposal of p oly chlorinated biphenyls and polychlorinated terphenyls and Directive 78/319/EEC on toxic and dangerous waste (GURI No 343 of 15 December 1982, hereinafter ‘Presidential Decree No 915/82’) and Decree-Law No 397 of 9 September 1988 entitled ‘Urgent Provisions concerning the Disposal of Industrial Waste’ (GURI No 213 of 10 November 1988) which was converted, after amendment, into Law No 475 of 9 November 1988 (GURI No 264 of 10 November 1988, hereinafter ‘Law No 475/88’). Although the orders for reference are not very clear in that respect, it seems that the main charges against the accused are setting up special waste tips without a permit, contrary to Article 10 of Presidential Decree No 915/82, disposing of waste without a permit, contrary to Article 25 thereof, and failing to comply with Articles 3 and 9 octies of Law No 475/88 relating to keeping waste records.