CELEX: 62006CJ0313
Language: en
Date: 2007-04-19 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 April 2007. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery - Failure to transpose within the prescribed period. # Case C-313/06.

Judgment of the Court (Sixth Chamber) of 19 April 2007 – Commission v Italy
      (Case C‑313/06)
      Failure of a Member State to fulfil obligations – Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation
         of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal
         combustion engines to be installed in non-road mobile machinery – Failure to transpose within the prescribed period
      
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC
                  on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate
                  pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ 2004 L 146, p. 1).
               
            Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive
                     2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation
                     of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal
                     combustion engines to be installed in non-road mobile machinery, the Italian Republic has failed to fulfil its obligations
                     under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.