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16.9.2006 |
EN |
Official Journal of the European Union |
C 224/2 |
Judgment of the Court (Grand Chamber) of 18 July 2006 — Commission of the European Communities v Italian Republic
(Case C-119/04) (1)
(Failure of a Member State to fulfil obligations - Judgment of the Court establishing failure - Non-compliance - Article 228 EC - Financial penalties - Recognition of acquired rights of former foreign-language assistants)
(2006/C 224/04)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and L. Pignataro, Agents)
Defendant: Italian Republic (represented by: I. M. Braguglia, Agent, and M. Fiorilli, Avvocato)
Re:
Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the judgment of 26 June 2001 in Case C-212/99 — Infringement of Article 48 EC (now, after amendment, Article 39 EC) — Recognition of the acquired rights of former foreign-language assistants — Application for the imposition of a penalty payment
Operative part of the judgment
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1. |
The Court declares that by not ensuring, at the date of expiry of the period prescribed in the reasoned opinion, recognition of the rights acquired by former assistants who have become associates and linguistic experts, even though such recognition is guaranteed to all national workers, the Italian Republic has failed to take all the measures necessary to comply with the judgment of 26 June 2001 in Case C-212/99 Commission v Italy and has therefore failed to fulfil its obligations under Article 228 EC. |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the Italian Republic to pay the costs. |