CELEX: C2006/165/17
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-122/05: Judgment of the Court (Fifth Chamber) of  18 May 2006  — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Failure to transpose within the prescribed period)

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/10
            
         Judgment of the Court (Fifth Chamber) of 18 May 2006 — Commission of the European Communities v Italian Republic
   (Case C-122/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Failure to transpose within the prescribed period)
   (2006/C 165/17)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: U.Wölker and D. Recchia, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and by M.G. Aiello, lawyer)
   Re:
   Failure of a Member State to fulfil obligations — Failure to transpose, within the prescribed period, Directive 2003/87/EC of the European Parliament 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 (OJ 2003 L 275, p.32)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2003/87/EC of the European Parliament 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 Italian Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 115, 14.05.2005.