CELEX: C2006/294/29
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-360/05: Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the period prescribed)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/18
            
         Judgment of the Court (Fifth Chamber) of 5 October 2006 — Commission of the European Communities v Italian Republic
   (Case C-360/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2003/96/EC - Taxation of energy products and electricity - Failure to transpose within the period prescribed)
   (2006/C 294/29)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: K. Gross and M. Velardo, Agents)
   
      Defendant: Italian Republic (represented by: G. De Bellis and I. Braguglia, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Failure to transpose, within the period prescribed, Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51)
   Operative part of the judgment
   The Court (Fifth Chamber):
   
               1.
            
            
               Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, the Italian Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 281, 12. 11. 2005.