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Document C2007/096/30

Case C-313/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery — Failure to transpose within the prescribed period)

OJ C 96, 28.4.2007, p. 18–18 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

28.4.2007   

EN

Official Journal of the European Union

C 96/18


Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic

(Case C-313/06) (1)

(Failure of a Member State to fulfil its obligations - Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery - Failure to transpose within the prescribed period)

(2007/C 96/30)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: D. Lawunmi and D. Recchia, acting as Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia and M. Fiorilli, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ 2004 L 146, p. 1)

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, the Italian Republic has failed to fulfil its obligations under that directive.

2.

Orders the Italian Republic to pay the costs of the proceedings.


(1)  OJ C 212, 2.9.2006.


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