CELEX: C2005/171/04
Language: en
Date: 2005-07-09 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 28 April 2005 in Case C-410/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 1999/95/EC — Seafarers' hours of work on board ships — Failure to transpose within the prescribed period)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/2
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 28 April 2005
   in Case C-410/03: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directive 1999/95/EC - Seafarers' hours of work on board ships - Failure to transpose within the prescribed period)
   (2005/C 171/04)
   Language of the case: Italian
   In Case C-410/03, Commission of the European Communities (Agents: K. Banks and K. Simonsson) v Italian Republic (Agent: I.M. Braguglia, assisted by A. Cingolo) — action under Article 226 EC for failure to fulfil obligations, brought on 1 October 2003 — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur) and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 28 April 2005, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Articles 3 to 7, 8(2) and 9 of Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports, the Italian Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 304 of 13.12.2003.