Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2006/42/EC on machinery
Sumário
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.
Texto da decisão
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. |