C 30/30 EN Official Journal of the European Union 29.1.2011

— Vicenza (Veneto), which provides that the urban waste water treatment plants were to be designed, constructed, operated and maintained in such a way as to ensure ‘sufficient performance’ under all normal local climatic conditions. — + others, — Militello Val di , , , -- + others, , , Bronte, ( 1 ) OJ 1991 L 135, p. 40. + others, , , , , Macchitella, Niscemi, Riesi, Agrigento and outskirts, Favara, Palma di Montechiaro, Menfi, Porto Empedocle, Ribera, Sciacca, Bagheria, Cefalù, Carini Action brought on 13 December 2010 — European + ASI , Misilmeri, Monreale, Santa Flavia, Commission v Republic of Austria Termini Imerese, Trabia, Augusta, Avola, Carlentini, Rosolini, Pozzallo, Ragusa, Modica, Scicli, Scoglitti, (Case C-582/10) Campobello di Mazara, Castevetrano l, Triscina Marinella, Trapani-Erice (Casa santa), Favignana, (2011/C 30/47) Marsala, Mazara del Vallo, Partanna l (Villa Ruggero), Barcellona Pozzo di Gotto, Capo Language of the case: German d’Orlando, , , Consortile , Pace del Mela, , , Consortile Sant’Agata Militello, Consortile Torre­ Parties grotta, , l, Messina 6, Applicant: European Commission (represented by: N. Yerrell and , Patti and (); and B. Schöfer, acting as Agents)

Defendant: Republic of Austria — order the Italian Republic to pay the costs. Form of order sought — Declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Pleas in law and main arguments Directive 2008/68/EC of the European Parliament and of By its application, the Commission complains that, in parts of the Council of 24 September 2008 on the inland 1 its territory, has not correctly implemented Council transport of dangerous goods ( ) or fully to communicate Directive 91/271/EEC of 21 May 1991 concerning urban such measures to the Commission, the Republic of Austria waste-water treatment. has failed to fulfil its obligations under that directive; — order the Republic of Austria to pay the costs.

First and foremost, the Commission finds that there have been Pleas in law and main arguments various infringements of the first indent of Article 3(1) and of Article 3(2) of Directive 91/271/EEC, under which the Member The time-limit for the transposition of Directive 2008/68/EC States were to ensure that, by 31 December 2000 at the latest, expired on 30 June 2009. all agglomerations with a population equivalent of more than 15 000 were provided with collecting systems for urban waste 1 water in accordance with the requirements laid down in Annex ( ) OJ 2008 L 260, p. 13. IA to that directive. That obligation was not correctly fulfilled in a number of the agglomerations falling within the scope of the provision in question in the Regions of Abruzzo, Calabria, Campania, Friuli-Venezia Giulia, Lazio, Liguria, Molise, Apulia, Order of the President of the Third Chamber of the Court Tuscany and Sicily. of 16 November 2010 — European Commission v Italian Republic

1 Moreover, under Article 4(1) and (3) of Directive 91/271/EEC, (Case C-383/08) ( ) the Member States were to have ensured, by 31 December 2000 at the latest, that for all discharges from agglomerations (2011/C 30/48) with a population equivalent of more than 15 000 urban waste water entering collecting systems was to have undergone, before Language of the case: Italian discharge, secondary treatment or an equivalent treatment in accordance with the requirements laid down in Annex IB to the directive. The Commission found that the provision in The President of the Third Chamber has ordered that the case question had been infringed in a number of agglomerations be removed from the register. in the Regions of Abruzzo, Calabria, Campania, Friuli-Venezia Giulia, Lazio, Liguria, Molise, Apulia, Veneto and Sicily. In most ( 1 ) OJ C 301, 22.11.2008. cases, the infringement of Article 4 of Directive 91/271/EEC also involves infringement of Article 10 of that directive,