Italy slow to implement ETS

Commission v Italy (Case C-122/05)

The ECJ issued its judgement on 18 May 2006, in the case of Commission v Italy (Case C-122/05).

The Commission sought a declaration of the court to the effect that, by failing to adopt all laws, regulations and administrative provisions necessary to comply with the Emissions Trading Directive (Directive 2003/87/EC), which established a scheme for greenhouse gas emission allowance trading within the Community and required to have been implemented by 31 December 2003, or, in any event, by failing to notify the Commission of those provisions, the Italian Republic has failed to fulfil its obligations under Article 31(1) of that Directive.

While the Italian government tried to argue that a number of national Orders and Decrees had been adopted which transposed into the Italian legal order, the principal elements of the Emissions Trading Directive, these were all introduced after the period provided for in the reasoned opinion.

The Court therefore held that the case brought by the Commission was well founded and Italy was therefore in breach of its obligations under the Directive.

The full judgement in the case is available in French and Italian at the following link.