CELEX: C2005/281/28
Language: en
Date: 2005-11-12 00:00:00
Title: Case C-360/05: Action brought on 23 September 2005 by the Commission of the European Communities against the Italian Republic

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/14
            
         Action brought on 23 September 2005 by the Commission of the European Communities against the Italian Republic
   (Case C-360/05)
   (2005/C 281/28)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 23 September 2005 by the Commission of the European Communities, represented by K. Gross and M. Velardo, acting as Agents.
   The Commission claims that the Court should:
   
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               Declare that, by failing to adopt and communicate to the Commission the laws, regulations and administrative provisions 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 obligations under Article 28 of that directive;
            
         
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               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 forthwith inform the Commission thereof.’
   The Italian State does not appear to have adopted the implementing 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 obligations under that provision.
   
      (1)  OJ L 283 of 31.10. 2003, p. 51.