CELEX: C2005/057/19
Language: en
Date: 2005-03-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 December 2004 in Case C-313/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 1999/63/EC — Failure to transpose within the prescribed period — Failure to communicate the implementing measures)

5.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 57/10
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 16 December 2004
   in Case C-313/03: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 1999/63/EC - Failure to transpose within the prescribed period - Failure to communicate the implementing measures)
   (2005/C 57/19)
   Language of the case: Italian
   In Case C-313/03, action for failure to fulfil obligations under Article 226 EC brought on 23 July 2003 by Commission of the European Communities (Agent: M.-J. Jonczy) against Italian Republic (Agent: I.M Braguglia, assisted by A. Cingolo), the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of Chamber, R. Schintgen (Rapporteur) and J. Makarczyk, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 16 December 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 1999/63/EC concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) – Annex: European Agreement on the organisation of working time of seafarers, or in any event, by failing to communicate any such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 3(1) of that directive;
            
         
               2.
            
            
               The Italian Republic is ordered to pay the costs.
            
         
      (1)  OJ C 226 of 20.09.2003.