The European Commission (Commission) is threatening to take Italy back to the European Court of Justice (ECJ) for failing to comply with an ECJ Judgment (case C-382/05) requiring that contracts for municipal waste treatment in Sicily be put out to tender. In its 2007 Judgment, the ECJ dismissed Italy's claims that the waste treatment contracts were service concessions and therefore outside the scope of the EU procurement directive. It upheld the Commission's claim that the arrangements were public service contracts and should go out to an open tender advertised in the Official Journal of the European Union. A year and a half later, the Commission has sent Italy a reasoned opinion claiming that the obligation to comply with the Judgment has not been fulfilled. The Italian authorities have been given two months to comply after which the Commission has indicated it will consider requesting the ECJ to impose a penalty on Italy for non-compliance.