Failure to transpose within the prescribed period 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
Sumário
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.
Case C-313/06.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 19 April 2007 – Commission v Italy
(Case C‑313/06)
Failure of a Member State to fulfil 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
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. 6)
Re:
| Failure of a Member State to fulfil 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
The Court:
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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; |
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Orders the Italian Republic to pay the costs. |