Italy ignores EIA obligations
Italy has come under fire from the EC for failing to carry out an in-depth environmental impact assessment for a major incinerator.Commission v Italy (Case C-486/04)
The Advocate General issued his Opinion on 30 May 2006, in the case of Commission v Italy (Case C-486/04).
The case concerned allegations that Italy had failed to comply with its obligations under Articles 2(1), 4(1), 4(2) and 4(3) of the Environmental Impact Assessment (EIA) Directive (Directive 85/337/EEC as amended by Directive 97/11/EEC).
In particular, the Commission sought a declaration of the Court to the effect that Italy had failed in its obligations in the following three respects:
The Advocate General found the requests of the Commission to be justified on all three counts and therefore recommended that the Italy be found to be in breach of Articles 2(1), 4(1), 4(2) and 4(3) of the EIA Directive. Whether the ECJ will follow the opinion of the Advocate General will be determined once the case comes before the ECJ.
The full opinion of the Advocate General can be found at the following link in a variety of European languages and should shortly be available in English.
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