CELEX: C2007/183/05
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-173/05: Judgment of the Court (Second Chamber) of 21 June 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Articles 23 EC, 25 EC and 133 EC — EEC-Algeria Cooperation Agreement — Environmental protection tax on gas pipelines installed in the Sicilian Region — Charge having equivalent effect to a customs duty)

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/4
            
         Judgment of the Court (Second Chamber) of 21 June 2007 — Commission of the European Communities v Italian Republic
   (Case C-173/05) (1)
   
   (Failure of a Member State to fulfil obligations - Articles 23 EC, 25 EC and 133 EC - EEC-Algeria Cooperation Agreement - Environmental protection tax on gas pipelines installed in the Sicilian Region - Charge having equivalent effect to a customs duty)
   (2007/C 183/05)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: E. Traversa and J. Hottiaux, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and A. Cingolo, avvocato dello Stato)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Articles 23 EC, 25 EC, 26 EC and 133 EC and of Articles 4 and 9 of the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria signed on 26 April 1976 and approved by Council Regulation (EEC) No 2210/78 of 26 September 1978 (OJ 1978 L 263, p. 1) — National law imposing an environmental protection tax (‘tributo ambientale’) on gas pipelines installed in the Sicilian Region
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by introducing an environmental tax on methane gas from Algeria, the Italian Republic has failed to fulfil its obligations under Articles 23 EC, 25 EC and 133 EC and under Article 9 of the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria, signed in Algiers on 26 April 1976, and approved on behalf of the Community by Council Regulation (EEC) No 2210/78 of 26 September 1978;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 155, 25.6.2005.