Official Journal of the European Union

C 225/38

(Case C-345/12)(Failure of a Member State to fulfil obligations - Directive 2002/91/EC - Energy performance of buildings - Article 7(1) and (2), Article 9, Article 10 and Article 15(1) - Incorrect transposition - Failure to transpose within the prescribed period - Directive 2010/31/EU - Article 29)

2013/C 225/64

Language of the case: Italian

Parties

Applicant: European Commission (represented by: E. Montaguti and K. Herrmann, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and by A. De Stefano, avvocato dello Stato)

Re:

Failure to fulfil obligations — Failure to have taken, within the prescribed period, all the provisions necessary to comply with Article 7(1) and (2), Article 10 and Article 15(1) of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13)

Operative part of the judgment

The Court:

1.Declares that, by failing to lay down an obligation to present, when buildings are sold or rented out, an energy performance certificate, in accordance with Articles 7 and 10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, and in having failed to notify the European Commission of the measures transposing Article 9 of Directive 2002/91, the Italian Republic has failed to fulfil its obligations under Article 7(1) and (2), Article 10 and Article 15(1) of that directive, read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings;

2.Orders the Italian Republic to pay the costs.

* Language of the case: Italian.

(1) OJ C 287, 22.9.2012.