# C_2012287EN.01002602.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/26 |
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22.9.2012

EN

Official Journal of the European Union

C 287/26

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Action brought on 19 July 2012 — European Commission v Italian Republic

(Case C-345/12)

2012/C 287/50

Language of the case: Italian

Parties

Parties

Applicant: European Commission (represented by: E. Montaguti and K. Hermann, acting as Agents)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

Form of order sought

| — | Declare that, by failing to lay down an obligation to make available, when buildings are sold or rented out, an energy performance certificate, in accordance with the provisions, and on the conditions, laid down in Articles 7 and 10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, (1) the Italian Republic has failed to fulfil its obligations under Article 7(1) and (2) and Article 10 of that directive, in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings; (2) |
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Declare that, by failing to lay down an obligation to make available, when buildings are sold or rented out, an energy performance certificate, in accordance with the provisions, and on the conditions, laid down in Articles 7 and 10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, (1) the Italian Republic has failed to fulfil its obligations under Article 7(1) and (2) and Article 10 of that directive, in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings; (2)

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| — | declare that, by having failed to notify all the measures transposing Article 9 of Directive 2002/91/EC, the Italian Republic has failed to fulfil its obligations under Article 15(1) of that directive, in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings; |
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declare that, by having failed to notify all the measures transposing Article 9 of Directive 2002/91/EC, the Italian Republic has failed to fulfil its obligations under Article 15(1) of that directive, in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings;

| — | order the Italian Republic to pay the costs. |
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order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The period for transposing Directive 2002/91/EC expired on 4 January 2006. The period for transposing Articles 7 to 9 of that directive expired on 4 January 2009 and, in the Commission’s submission, Article 28 of Directive 2010/31/EU, which allows Member States to defer the application of the requirement to make energy performance certificates available, does not cover certificates already issued or to be issued on the basis of Article 7(1) of Directive 2002/91/EC.

At the date of commencement of this action, the defendant had not yet adopted all the measures necessary to implement the directive.

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(1)  OJ 2003 L 65, p. 1.

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(2)  OJ 2010 L 153, p. 13.

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