Judgment of the Court (Fifth Chamber)  12 January 2006  in Case C-107/05 Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Directive 2003/87/EC — Failure to transpose within the period prescribed)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Finland, action for failure to fulfil an obligation, air quality, greenhouse gas, pollution control measures, reduction of gas emissions, tradeable emission permit

C 60/10

EN

Official Journal of the European Union

11.3.2006

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 January 2006

(Agent: S. Schreiner) — action for annulment under Article
226 EC, brought on 18 February 2005 — the Court (Sixth
Chamber), composed of
the
Chamber, A. La Pergola, U. Lõhmus (Rapporteur), Judges; F.G.
Jacobs, Advocate General; R. Grass, Registrar, gave a judgment
on 19 January 2006, in which it:

J. Malenovský, President of

in Case C-85/05: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Community action in the field of water policy
— Failure to transpose within the prescribed period )

(2006/C 60/19)

(Language of the case: Italian)

In Case C-85/05 Commission of the European Communities
(Agent: S. Pardo Quintillán and D. Recchia) v Italian Republic
(Agent: I.M. Braguglia and G. Fiengo, avvocato dello Stato) —
action under Article 226 EC for failure to fulfil obligations,
brought on 18 February 2005 — the Court (Sixth Chamber),
composed of
the Chamber, U.
Lõhmus and A. Ó Caoimh (Rapporteur), Judges; P. Léger, Advo-
cate General; R. Grass, Registrar, gave a judgment on 12
January 2006, in which it:

J. Malenovský, President of

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, the Italian
Republic has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 93 of 16.4.2005

JUDGMENT OF THE COURT

(Sixth Chamber)

of 19 January 2006

in Case C-90/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Directive
79/1072/EEC — VAT — Refund — Taxable persons not
established in the territory of the country)

(2006/C 60/20)

(Language of the case: French)

In Case C-90/05 Commission of the European Communities
(Agent: D. Triantafyllou) v Grand Duchy of Luxembourg

1. Declares that, by not observing the six-month period for refunds
of VAT to taxable persons not established within the country, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under Article 7(4) of Eight Council Directive 79/1072/EEC of 6
December 1979 on the harmonisation of the laws of the Member
States relating to turnover taxes — Arrangements for the refund
of value added tax to taxable persons not established in the terri-
tory of the country;

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

(1) OJ C 82 of 2.4.2005

JUDGMENT OF THE COURT

(Fifth Chamber)

12 January 2006

in Case C-107/05 Commission of the European Commu-
nities v Republic of Finland (1)

(Failure of a Member State to fulfil obligations — Directive
2003/87/EC — Failure to transpose within the period
prescribed)

(2006/C 60/21)

(Language of the case: Finnish)

In Case C-107/05 Commission of the European Communities
(Agents: U. Wölker and P. Aalto) v Republic of Finland (Agent:
A. Guimaraes-Purokoski) — action under Article 226 EC for
(Fifth Chamber),
failure to fulfil obligations — the Court
the Chamber, G.
J. Makarczyk, President of
composed of
Arestis and J. Klucka (Rapporteur), Judges; C. Stix-Hackl, Advo-
cate General; R. Grass, Registrar, gave a judgment on 12
January 2006, in which it:

11.3.2006

EN

Official Journal of the European Union

C 60/11

2. Orders the Portuguese Government to pay the costs.

(1) OJ C 106 of 30.04.2005.

1. Declared that, by failing, with regard to the province of Åland, to
adopt the laws regulations and administrative provisions necessary
to comply with Directive 2003/87/EEC of the European Parlia-
ment 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
Finnish Republic has failed to fulfil
its obligations under that
directive;

2. Ordered the Finnish Republic to pay the costs.

(1) OJ C 93 of 16.4.2005.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 January 2006

JUDGMENT OF THE COURT

in Case C-179/05 Commission of the European Commu-
nities v French Republic (1)

(Sixth Chamber)

of 12 January 2006

(Failure of a Member State to fulfil its obligations — Regu-
lation (EEC) No 2847/93 — Control system in the fisheries
sector — Information on catches and fishing effort)

in Case C-118/05: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Community policy in the field of water —
Failure to transpose within the prescribed period)

(2006/C 60/22)

(Language of the case: Portuguese)

In Case C-118/05, Action for failure to fulfil obligations under
Article 226 EC, brought on 10 March 2005, Commission of
the European Communities (Agents: A. Caeiros and S. Pardo
Quintillán) v Portuguese Republic (Agent: L. Fernandes), the
Court (Sixth Chamber), composed of J. Malenovský, President
of the Chamber, J.-P. Puissochet and A. Ó Caoimh, Judges; P.
Léger, Advocate General; R. Grass, Registrar, gave a judgment
on 12 January 2006, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, the Portuguese
Republic has failed to fulfil its obligations under that Directive;

(2006/C 60/23)

(Language of the case: French)

In Case C-179/05 Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: G. de Bergues
and A. Colomb) — action for failure to fulfil obligations under
Article 226 EC — the Court (Fifth Chamber), composed of J.
Makarczyk, President of the Chamber, R. Silva de Lapuerta and
M. Kūris (Rapporteur), Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 12 January
2006, in which it:

1. Declares that by failing to provide the information required under
the first and third indents of Article 19i of Council Regulation
2847/93 of 12 October 1993 establishing a control system
applicable to the common fisheries policy, as amended by Council
Regulation (EC) 2635/97 of 18 December 1997, the French
Republic has failed to fulfil its obligations under that regulation;

2. Orders the French Republic to pay the costs.

(1) OJ C 155 of 25.06.2005