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Document C2006/165/17

    Case C-122/05: Judgment of the Court (Fifth Chamber) of 18 May 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Failure to transpose within the prescribed period)

    OB C 165, 15.7.2006, p. 10–11 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    15.7.2006   

    EN

    Official Journal of the European Union

    C 165/10


    Judgment of the Court (Fifth Chamber) of 18 May 2006 — Commission of the European Communities v Italian Republic

    (Case C-122/05) (1)

    (Failure of a Member State to fulfil obligations - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Failure to transpose within the prescribed period)

    (2006/C 165/17)

    Language of the case: Italian

    Parties

    Applicant: Commission of the European Communities (represented by: U.Wölker and D. Recchia, Agents)

    Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and by M.G. Aiello, lawyer)

    Re:

    Failure of a Member State to fulfil obligations — Failure to transpose, within the prescribed period, Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p.32)

    Operative part of the judgment

    The Court:

    1.

    Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, the Italian Republic has failed to fulfil its obligations under that directive;

    2.

    Orders the Italian Republic to pay the costs.


    (1)  OJ C 115, 14.05.2005.


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