Case C-313/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2004/26/EC 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 — Failure to transpose within the prescribed period)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, combustion gases, motor vehicle, national implementing measure, prevention of pollution, technical standard

C 96/18

EN

Official Journal of the European Union

28.4.2007

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

2. Orders the Italian Republic to pay the costs of the proceedings.

(1) OJ C 190, 12.8.2006.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Sixth Chamber) of 19 April 2007
— Commission of the European Communities v Italian
Republic

(Case C-313/06) (1)

(Failure of a Member State to fulfil its obligations — Directive
2004/26/EC of the European Parliament and of the Council of
21 April 2004 amending Directive 97/68/EC on the approxi-
mation 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
to transpose within the
mobile machinery — Failure

prescribed period)

(2007/C 96/30)

Language of the case: Italian

Parties

Judgment of the Court (Seventh Chamber) of 29 March
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-320/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/14/EC — Establishment of a general framework for
in the European
informing and
to implement within the period
Community — Failure
prescribed)

consulting employees

(2007/C 96/31)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agent)

Defendant: Kingdom of Belgium (represented by: D. Haven,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and D. Recchia, acting as Agents)

Re:

Defendant: Italian Republic (represented by: I.M. Braguglia and
M. Fiorilli, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Directive 2004/26/EC 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 (OJ 2004 L 146, p. 1)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2004/26/EC
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
combustion
engines to be installed in non-road mobile machinery, the Italian
Republic has failed to fulfil its obligations under that directive.

from internal

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Directive 2002/14/EC of the European Parlia-
ment and of the Council of 11 March 2002 establishing a
general framework for informing and consulting employees in
the European Community — Joint declaration of the European
Parliament,
the Council and the Commission on employee
representation (OJ 2002 L 80, p. 29)

Operative part of the judgment

The Court:

1. Declares that, by failing, within the period prescribed, to adopt all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/14/EC of the European Parliament
and of
the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the European
Community, the Kingdom of Belgium has failed to fulfil its obliga-
tions under that directive;

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 212, 2.9.2006.