CELEX: 62010CJ0127
Language: en
Date: 2010-10-07
Title: Judgment of the Court (Seventh Chamber) of 7 October 2010. # European Commission v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2006/42/EC on machinery - Failure to transpose within the prescribed period. # Case C-127/10.

Judgment of the Court (Seventh Chamber) of 7 October 2010 – Commission v Greece
      (Case C‑127/10)
      Failure of a Member State to fulfil obligations – Directive 2006/42/EC on machinery – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 10)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible
            (Art. 258 TFEU) (see para. 12)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending
                  Directive 95/16/EC (recast).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  	The Court:
               
            
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending
                     Directive 95/16/EC, the Hellenic Republic has failed to fulfil its obligations under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.