2.12.2006   

EN

Official Journal of the European Union

C 294/18


Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Italian Republic

(Case C-360/05) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/96/EC - Taxation of energy products and electricity - Failure to transpose within the period prescribed)

(2006/C 294/29)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: K. Gross and M. Velardo, Agents)

Defendant: Italian Republic (represented by: G. De Bellis and I. Braguglia, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to transpose, within the period prescribed, Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51)

Operative part of the judgment

The Court (Fifth Chamber):

1.

Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, the Italian Republic has failed to fulfil its obligations under that directive;

2.

Orders the Italian Republic to pay the costs.


(1)  OJ C 281, 12. 11. 2005.