CELEX: C2005/271/19
Language: en
Date: 2005-10-29 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 8 September 2005 in Case C-462/04: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third-country nationals — Failure to implement within the prescribed time-limit)

29.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/10
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 8 September 2005
   in Case C-462/04: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2001/40/EC - Mutual recognition of decisions on the expulsion of third-country nationals - Failure to implement within the prescribed time-limit)
   (2005/C 271/19)
   Language of the case: Italian
   In Case C-462/04: Commission of the European Communities (Agent: C. O'Reilly and E. de March) v Italian Republic (Agent: I.M. Braguglia and A. Cingolo) — action for failure to fulfil obligations under Article 226 EC, brought on 29 October 2004 — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and M. Ilešič, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, in which it:
   
               1.
            
            
               Declares that, by failing within the prescribed time-limit to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals, with the exception of Article 7 thereof, 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 6 of 08.01.2005.