Judgment — ECLI:EU:C:2006:336
Date: 2006-05-18
Language of the case: Italian
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Judgment of the Court (Fifth Chamber) of 18 May 2006 - Commission of the European Communities v Italian Republic (Case C-122/05) 1 (Failure of a Member State to fulfil obligations - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Failure to transpose within the prescribed period) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: U.Wölker and D. Recchia, Agents) Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and by M.G. Aiello, lawyer) Re: Failure of a Member State to fulfil obligations - Failure to transpose, within the prescribed period, Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p.32) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, the Italian Republic has failed to fulfil its obligations under that directive; 2. Orders the Italian Republic to pay the costs. ____________ 1 - OJ C 115, 14.05.2005.