Judgment — ECLI:EU:C:2007:299
Date: 2007-05-24
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Waste
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Fifth Chamber) of 24 May 2007 - Commission of the European Communities v Italian Republic (Case C-394/05) 1 (Failure of a Member State to fulfil its obligations - Directive 2000/53/EC - End-of-life vehicles - Articles 3(5), 5(1), 7(2) and 8(3) and (4) - Defective transposition) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: D. Recchia and M. Konstantinidis, acting as Agents) Defendant: Italian Republic (represented by: I.M. Braguglia and P. Gentili, Agents) Re: Failure of a Member State to fulfil its obligations - Infringement of Articles 2, 3, 4, 5, 6, 7, 8, 10 and 12 of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (OJ 2000 L 269, p. 34) Operative part of the judgment The Court: 1. Declares that, by adopting Legislative Decree No 209 of 24 June 2003 transposing into national law the provisions of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles in a manner contrary to that directive, the Italian Republic has failed to fulfil its obligations under Article 3(5), Article 5(1), the second subparagraph of Article 7(2)(a) and Article 8(3) and (4) of that Directive; 2. Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 22, 28.1.2006.