CELEX: 62006CJ0160
Language: en
Date: 2007-03-08 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 8 March 2007. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Directive 2003/51/EC - Company law - Annual accounts of certain types of companies - Failure to transpose within the prescribed period. # Case C-160/06.

Judgment of the Court (Seventh Chamber) of 8 March 2007 – Commission v Italy
      (Case C‑160/06)
      Failure of a Member State to fulfil obligations – Directive 2003/51/EC – Company law – Annual accounts of certain types of companies – Failure to transpose within the prescribed period
      1.                     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. 9)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on difficulties
            in application – Unlawful (Art. 226 CE) (see para. 10)
      Re: 
      
         Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, all the provisions necessary
                  to comply with Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC,
                  83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other
                  financial institutions and insurance undertakings (OJ 2003 L 178, p. 16).
               
            Operative part:
      
         
                   
               
               
                  
               
               
                  By failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/51/EC of the
                     European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC
                     on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance
                     undertakings, the Italian Republic has failed to fulfil its obligations under that directive.
                  
               
            
         
                   
               
               
                  
               
               
                  The Italian Republic is ordered to pay the costs.