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Case C-139/04, Commission v Italy

The ECJ gave judgement in the case of Commission v Italy (Case C-139/04) on 12 January 2006. The case concerned an alleged infringement by Italy of the requirements to report the methods used for the preliminary assessment of air quality. On expiry of the period provided for in the Reasoned Opinion issued to Italy on 11 July 2003, the Commission had still not received information on the methods used for the preliminary assessment of air quality under Article 5 of Directive 96/62/EC in respect of the substances covered by Directive 1999/30/EC from a number of Italian regions. In addition, the questionnaires in respect of 2001 on the substances covered by Directive 99/30/EC, as laid down by Article 11(1)(a)(i) and (ii) and Article 11(1)(b) of Directive 1996/62/EC appeared to be missing in respect of a number of Italian regions. Having only communicated to the Commission in part the methods used for the preliminary assessment of air quality under Article 3 in respect of the substances covered by Directive 1999/30/EC and by sending after 30 September 2002 the questionnaire adopted by Decision 2001/839/EC, which only provided certain information for the year 2001 in respect of the substances covered by Directive 1999/30/EC, the Italian Republic was therefore held to have failed to fulfil its obligations under a number of Directives on air quality.

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

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