Failure of a Member State to fulfil its obligations Failure to transpose within the period prescribed Directive 2002/14/EC Establishment of a general framework for informing and consulting employees in the European Community
Sumário
Judgment of the Court (Eighth Chamber) of 1 March 2007.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil its obligations - Directive 2002/14/EC - Establishment of a general framework for informing and consulting employees in the European Community - Failure to transpose within the period prescribed.
Case C-327/06.
Texto da decisão
Judgment of the Court (Eighth Chamber) of 1 March 2007 – Commission v Italy
(Case C‑327/06)
Failure of a Member State to fulfil obligations – Directive 2002/14/EC – Establishment of a general framework for informing and consulting employees in the European Community – Failure to transpose within the period prescribed
1. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on the internal order – Not permissible (Art. 226 EC) (see para. 6)
2. Action 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. 7)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community – Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ 2002 L 80, p. 29). |
Operative part:
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By failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, within the period prescribed, the Italian Republic has failed to fulfil its obligations under that directive. |
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The Italian Republic is ordered to pay the costs. |