CELEX: 62005CJ0122
Language: en
Date: 2006-05-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 May 2006. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Failure to transpose within the prescribed period. # Case C-122/05.

Judgment of the Court (Fifth Chamber) of 18 May 2006 – Commission v Italy
      (Case C-122/05)
      Failure of a Member State to fulfil obligations – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – 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) (para. 5)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Directive 2003/87/EC
                  of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance
                  trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions
                     necessary to comply with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing
                     a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, the Italian
                     Republic has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.