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Judgment of the Court (Fifth Chamber) of 18 May 2006. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Failure to transpose within the prescribed period. # Case C-122/05.
ECLI:EU:C:2006:336
62005CJ0122
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(Case C-122/05)
Failure of a Member State to fulfil obligations – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – 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) (para. 5)
Re:
Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, the Italian Republic has failed to fulfil its obligations under that directive;
2.Orders the Italian Republic to pay the costs.