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Document 62005CJ0122

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.
Case C-122/05.

European Court Reports 2006 I-00065*

ECLI identifier: ECLI:EU:C:2006:336





Judgment of the Court (Fifth Chamber) of 18 May 2006 – Commission v Italy

(Case C-122/05)

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

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (para. 5)

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

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.

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