Judgment_paragraph 1 · European Commission v Italian Republic (C-196/13)

1By its application, the European Commission claims that the Court should:— declare that the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU, by failing to adopt all the measures necessary to comply with the judgment in Commission v Italy (C‑135/05, EU:C:2007:250), in which the Court declared that the Italian Republic had failed to fulfil its obligations under Articles 4, 8 and 9 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32) (‘Directive 75/442’), under Article 2(1) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20), and Article 14(a) to (c) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1);— order the Italian Republic to pay to the Commission a penalty payment in the amount of EUR 256 819.20 per day of delay in complying with the judgment in Commission v Italy (EU:C:2007:250), from the date of delivery of the present judgment;— order the Italian Republic to pay to the Commission a lump sum in an amount calculated by multiplying a daily amount of EUR 28 089.60 by the number of days for which the infringement has persisted between the date on which the judgment in Commission v Italy (EU:C:2007:250) was delivered and the date of delivery of the present judgment; and— order the Italian Republic to pay the costs.