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Case C-19/10: Judgment of the Court (Eighth Chamber) of 29 July 2010 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Regulations (EC) Nos 273/2004 and 111/2005 — Drug precursors — Control and monitoring within the Union — Monitoring of trade between the Union and third countries — Penalties)

ECLI:EU:UNKNOWN:62010CA0019

62010CA0019

July 29, 2010
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Official Journal of the European Union

C 246/15

(Case C-19/10) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Regulations (EC) Nos 273/2004 and 111/2005 - Drug precursors - Control and monitoring within the Union - Monitoring of trade between the Union and third countries - Penalties)

2010/C 246/26

Language of the case: Italian

Parties

Applicant: European Commission (represented by: P. Oliver and S. Mortoni, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Art. 12 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1) and Art. 31 of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ 2005 L 22, p. 1)

Operative part of the judgment

The Court:

1.Declares that, by failing to adopt the national measures necessary for the implementation, first, of Article 12 of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors and, secondly, of Art. 31 of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors, the Italian Republic has failed to fulfil its obligations under those regulations;

2.Orders the Italian Republic to pay the costs.

(<span class="super">1</span>) OJ C 80, 27.03.2010.

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