CELEX: C2007/096/30
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-313/06: 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)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/18
            
         Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Italian Republic
   (Case C-313/06) (1)
   
   (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)
   (2007/C 96/30)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Lawunmi and D. Recchia, acting as Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia and M. Fiorilli, acting as Agents)
   Re:
   Failure of a Member State to fulfil its 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 of the judgment
   The Court:
   
               1.
            
            
               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.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs of the proceedings.
            
         
      (1)  OJ C 212, 2.9.2006.