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29.10.2005 |
EN |
Official Journal of the European Union |
C 271/10 |
JUDGMENT OF THE COURT
(Fourth Chamber)
of 8 September 2005
in Case C-462/04: Commission of the European Communities v Italian Republic (1)
(Failure of a Member State to fulfil obligations - Directive 2001/40/EC - Mutual recognition of decisions on the expulsion of third-country nationals - Failure to implement within the prescribed time-limit)
(2005/C 271/19)
Language of the case: Italian
In Case C-462/04: Commission of the European Communities (Agent: C. O'Reilly and E. de March) v Italian Republic (Agent: I.M. Braguglia and A. Cingolo) — action for failure to fulfil obligations under Article 226 EC, brought on 29 October 2004 — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and M. Ilešič, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, in which it:
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1. |
Declares that, by failing within the prescribed time-limit to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals, with the exception of Article 7 thereof, the Italian Republic has failed to fulfil its obligations under that directive; |
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2. |
Dismisses the remainder of the action; |
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3. |
Orders the Italian Republic to pay the costs. |