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Judgment of the Court (Eighth Chamber) of 21 June 2007. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 2004/116/EC - Annex to Directive 92/471/EEC - Animal feed - Candida guilliermondii - Failure to transpose within the period prescribed. # Case C-339/06.
ECLI:EU:C:2007:375
62006CJ0339
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(Case C‑339/06)
Failure of a Member State to fulfil obligations – Directive 2004/116/EC – Annex to Directive 82/471/EEC – Animal feed – Candida guilliermondii – Failure to transpose within the period prescribed
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. 8)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of
(OJ 2004 L 379, p. 81).
Operative part
The Court:
Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii, the Italian Republic has failed to fulfil its obligations under that directive;
Orders the Italian Republic to pay the costs.