Judgment — ECLI:EU:C:2007:241
Date: 2007-04-19
Language of the case: Italian
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Pollution
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Action brought on 19 July 2006 - Commission of the European Communities v Italian Republic (Case C-313/06) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: D. Lawunmi and D. Recchia, Agents) Defendant: Italian Republic Form of order sought Declare by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/26/EC1 of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery or, in any case, by failing to communicate such measures to the Commission, the Italian Republic has failed to fulfil its obligations under Article 3(1) of that directive. Order the Italian Republic to pay the costs of the proceedings. Pleas in law and main arguments The period prescribed for transposing Directive 2004/26/EC into national law expired on 20 May 2005. ____________ 1 - OJ L 146, p. 1.