Case C-112/07: Judgment of the Court (Fifth Chamber) of 29 November 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2004/80/EC — Police and judicial cooperation in criminal matters — Compensation to crime victims — Failure to transpose within the prescribed period)
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, area of freedom, security and justice, indemnification, national implementing measure, victim

C 22/16

EN

Official Journal of the European Union

26.1.2008

Judgment of the Court (Fifth Chamber) of 6 December
the European Communities v
2007 — Commission of

Judgment of the Court (Fifth Chamber) of 29 November
the European Communities v
2007 — Commission of

French Republic

(Case C-106/07) (1)

Italian Republic

(Case C-112/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2000/59/EC — Port reception facilities for ship-generated
waste and cargo residues — Failure to have developed and
implemented waste reception and handling plans for all ports)

(Failure of a Member State to fulfil obligations — Directive
2004/80/EC — Police and judicial cooperation in criminal
matters — Compensation to crime victims — Failure to trans-
pose within the prescribed period)

(2008/C 22/30)

Language of the case: French

(2008/C 22/31)

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Bordes and K. Simonsson, acting as Agents)

Defendant: French Republic (represented by: G. de Bergues and
A. Hare, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and E. De Persio, acting as
Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
and D. Del Gaizo, avocat)

Re:

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed period, the measures necessary
to comply with Directive 2000/59/EC of the European Parlia-
ment and of the Council of 27 November 2000 on port recep-
ship-generated waste and cargo residues
tion facilities
(OJ 2000 L 332, p. 81)

for

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Council Directive 2004/80/EC of 29 April 2004
relating to compensation to crime victims (OJ 2004 L 261,
p. 15)

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that, by failing to develop and implement, within the
prescribed period, waste reception and handling plans for all
its
ports, the French Republic has failed to fulfil its obligations under
Articles 5(1) and 16(1) of Directive 2000/59/EC of the European
Parliament and of the Council of 27 November 2000 on port
reception facilities for ship-generated waste and cargo residues;

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2004/80/EC of 29 April 2004 relating to
compensation to crime victims, the Italian Republic has failed to
fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 95, 28.4.2007.

(1) OJ C 117 of 26.5.2007.