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Document C2006/294/50

Case C-394/06: Action brought on 22 September 2006 — Commission of the European Communities v Italian Republic

SL C 294, 2.12.2006, p. 28–29 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

Date of document:
02/12/2006; Uvodna izjava
Author:
Sud
Form:
Pravosudna informacija

2.12.2006   

EN

Official Journal of the European Union

C 294/28

Action brought on 22 September 2006 — Commission of the European Communities v Italian Republic

(Case C-394/06)

(2006/C 294/50)

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Form of order sought

—

declare that, by failing to submit, before 1 July 2005, an annual national report on the promotion of biofuels including all the information laid down in Article 4(1) of Directive 2003/30/EC of the European Parliament and of the Council on the promotion of the use of biofuels or other renewable fuels for transport (1), the Italian Republic has failed to fulfil its obligations under that directive;

—

order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for submitting the annual national report on the promotion of biofuels referred to in Article 4(1) of Directive 2003/30/EC expired on 1 July 2005.

The Italian Republic maintains that it sent to the Commission a report in accordance with the requirements of the directive on 14 July 2006.

In the opinion of the Commission, however, that report is incomplete because it does not make any reference to the national resources allocated to the production of biomass for energy uses other than transport, as laid down in the second indent of Article 4(1) of the directive.

(1)  OJ L 123 of 17.5.2003, p. 42.

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