Judgment of the Court (Seventh Chamber) of 7 October 2010 – Commission v Greece
(Case C‑127/10)
Failure of a Member State to fulfil obligations – Directive 2006/42/EC on machinery – Failure to transpose within the prescribed period
1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 10)
2.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification – Not permissible (Art. 258 TFEU) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast). |
Operative part
|
| The Court: |
1. |
| Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC, the Hellenic Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Hellenic Republic to pay the costs. |