Case C-360/05: Action brought on 23 September 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-11-12
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, electrical energy, energy-generating product, tax system

C 281/14

EN

Official Journal of the European Union

12.11.2005

2. order the Grand Duchy of Luxembourg to pay the costs.

Action brought on 23 September 2005 by the Commission
of the European Communities against the Italian Republic

Pleas in law and main arguments

The period prescribed for transposing the Directive expired on
1 July 2004.

(1) OJ L 176 of 15.07.2003, p. 57

(Case C-360/05)

(2005/C 281/28)

(Language of the case: Italian)

Justice of

An action against the Italian Republic was brought before the
the European Communities on 23
Court of
September 2005 by the Commission of the European Commu-
nities, represented by K. Gross and M. Velardo, acting as
Agents.

Action brought on 23 September 2005 by the Commission
of the European Communities against the Kingdom of
Spain

The Commission claims that the Court should:

(Case C-357/05)

(2005/C 281/27)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the European Communities on 23
the Court of
September 2005 by the Commission of the European Commu-
nities, represented by B. Schima and S. Pardo Quintillán, acting
as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. declare that, by having failed to adopt all the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2003/55/EC (1) of the European Parliament
and of the Council of 26 June 2003 concerning common
rules for the internal market in natural gas and repealing
in any case, by having failed to
Directive 98/30/EC or,
communicate those provisions to the Commission,
the
Kingdom of Spain has failed to fulfil its obligations under
Article 33 of that directive;

2. order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into the
domestic legal system expired on 1 July 2004.

— Declare that, by failing to adopt and communicate to the
Commission the laws, regulations and administrative provi-
sions necessary
to comply with Council Directive
2003/96/EEC (1) of 27 October 2003 restructuring the
Community framework for the taxation of energy products
and electricity, the Italian State has failed to fulfil its obliga-
tions under Article 28 of that directive;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 28(1) of Council Directive 2003/96/EC, which concerns
restructuring of the Community framework for the taxation of
energy products and electricity, provides:

‘Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 31 December 2003. They shall forth-
with inform the Commission thereof.’

The Italian State does not appear to have adopted the imple-
menting measures provided for by Article 28(1), and, in any
event, has not informed the Commission thereof or provided
any evidence which permits the inference that the necessary
measures have been adopted. Under those circumstances, the
Italian State is to be regarded as having failed to fulfil its obliga-
tions under that provision.

(1) OJ L 176 of 15 July 2003, p. 57

(1) OJ L 283 of 31.10. 2003, p. 51.