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Case C-19/10: Action brought on 12 January 2010 — European Commission v Italian Republic

ECLI:EU:UNKNOWN:62010CN0019

62010CN0019

January 12, 2010
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Valentina R., lawyer

27.3.2010

EN

Official Journal of the European Union

C 80/15

(Case C-19/10)

2010/C 80/27

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Form of order sought

Declare that, by failing to adopt the national measures for the implementation of Article 12 of Regulation (EC) No 273/2004 (1) of the European Parliament and of the Council of 11 February 2004 on drug precursors, by failing to inform the Commission of those measures as required under Article 16 of that regulation, and by failing to adopt the national measures for the implementation of Article 31 of Council Regulation (EC) No 111/2005 (2) 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.

Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Regulation No 273/2004 entered into force on 18 August 2005; Regulation No 111/2005 entered into force on 15 February 2005 and has applied since 18 August 2005. Having received no notification of the provisions that Italy was required to adopt under Article 12 of Regulation No 273/2004 and under Article 31 of Regulation No 111/2005 and, in any event, having received no information from the Italian Republic which might indicate that the necessary measures have in fact been adopted, the Commission submits that the Italian Republic has failed to adopt such measures and that it has therefore failed to fulfil its obligations under Regulation No 273/2004 and Regulation No 111/2005.

(1) OJ 2004 L 47, p. 1.

(2) OJ 2005 L 22, p. 1.

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