Judgment of the Court (Fifth Chamber) of 24 May 2007 – Commission v Italy
(Case C‑394/05)
Failure of a Member State to fulfil its obligations – Directive 2000/53/EC – End‑of‑life vehicles – Articles 3(5), 5(1), 7(2) and 8(3) and (4) – Defective transposition
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. 25)
Re:
| Failure of a Member State to fulfil its obligations – Infringement of Articles 2, 3, 4, 5, 6, 7, 8, 10 and 12 of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end‑of‑life vehicles (OJ 2000 L 269, p. 34). |
Operative part
The Court:
1. |
| Declares that, by adopting Legislative Decree No 209 of 24 June 2003 transposing into national law the provisions of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end‑of‑life vehicles in a manner contrary to that directive, the Italian Republic has failed to fulfil its obligations under Article 3(5), Article 5(1), the second subparagraph of Article 7(2)(a) and Article 8(3) and (4) of that Directive; |
2. |
| Orders the Italian Republic to pay the costs. |