Case C-99/04 Commission v Italy (Large Combustion Plants Directive)
The European Court of Justice (ECJ) pronounced judgement in the case of Commission v Italy on 12 May 2005.
The case is a straightforward case of non-transposition of Directive obligations by a Member State, in this case with regard to failure to implement the Large Combustion Plants (LCP) Directive (Directive 2001/80/EC).
The period for transposition of the LCP Directive had expired on 27 November 2002, yet Italy had failed to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive and, had failed to advise the Commission of the necessary measures taken to transpose the requirements of the Directive, therefore failing to fulfil its obligations under Article 18(1) of the Directive.
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