Judgment of the Court (Fifth Chamber) of 7 December 2006 – Commission v Italy
(Case C-161/05)
Failure of a Member State to fulfil obligations – Regulation (EEC) No 2847/93 –Control system applicable to the common fisheries policy – Data concerning the species and quantities landed of fish – Failure to notify
1.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. 10)
2.Member States – Obligations under Community law – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Breach of Articles 15(4) and 18(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (OJ 1993 L 261, p. 1) – Failure to notify the data concerning the species and quantities of fish caught. |
Operative part
1. |
| By failing to notify the data referred to in Articles 15(4) and 18(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy for 1999 and 2000, the Italian Republic has failed to fulfil its obligations under those provisions; |
2. |
| The Italian Republic is ordered to pay the costs. |