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C 60/10 EN Official Journal of the European Union 11.3.

2006

JUDGMENT OF THE COURT (Agent: S. Schreiner) — action for annulment under Article
226 EC, brought on 18 February 2005 — the Court (Sixth
(Sixth Chamber) Chamber), composed of J. Malenovský, President of the
Chamber, A. La Pergola, U. Lõhmus (Rapporteur), Judges; F.G.
of 12 January 2006 Jacobs, Advocate General; R. Grass, Registrar, gave a judgment
on 19 January 2006, in which it:
in Case C-85/05: Commission of the European Commu-
nities v Italian Republic (1)
1. Declares that, by not observing the six-month period for refunds
(Failure of a Member State to fulfil obligations — Directive of VAT to taxable persons not established within the country, the
2000/60/EC — Community action in the field of water policy Grand Duchy of Luxembourg has failed to fulfil its obligations
— Failure to transpose within the prescribed period ) under Article 7(4) of Eight Council Directive 79/1072/EEC of 6
December 1979 on the harmonisation of the laws of the Member
(2006/C 60/19) States relating to turnover taxes — Arrangements for the refund
of value added tax to taxable persons not established in the terri-
tory of the country;
(Language of the case: Italian)

In Case C-85/05 Commission of the European Communities 2. Orders the Grand Duchy of Luxembourg to pay the costs.
(Agent: S. Pardo Quintillán and D. Recchia) v Italian Republic
(Agent: I.M. Braguglia and G. Fiengo, avvocato dello Stato) —
action under Article 226 EC for failure to fulfil obligations,
(1) OJ C 82 of 2.4.2005
brought on 18 February 2005 — the Court (Sixth Chamber),
composed of J. Malenovský, President of the Chamber, U.
Lõhmus and A. Ó Caoimh (Rapporteur), Judges; P. Léger, Advo-
cate General; R. Grass, Registrar, gave a judgment on 12
January 2006, in which it:

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to
comply with Directive 2000/60/EC of the European Parliament
JUDGMENT OF THE COURT
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, the Italian
Republic has failed to fulfil its obligations under that directive;
(Fifth Chamber)
2. Orders the Italian Republic to pay the costs.

12 January 2006
(1) OJ C 93 of 16.4.2005

in Case C-107/05 Commission of the European Commu-
nities v Republic of Finland (1)

(Failure of a Member State to fulfil obligations — Directive
JUDGMENT OF THE COURT 2003/87/EC — Failure to transpose within the period
prescribed)
(Sixth Chamber)

of 19 January 2006 (2006/C 60/21)

in Case C-90/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1) (Language of the case: Finnish)

(Failure of a Member State to fulfil obligations — Directive
79/1072/EEC — VAT — Refund — Taxable persons not
established in the territory of the country)
In Case C-107/05 Commission of the European Communities
(2006/C 60/20) (Agents: U. Wölker and P. Aalto) v Republic of Finland (Agent:
A. Guimaraes-Purokoski) — action under Article 226 EC for
(Language of the case: French) failure to fulfil obligations — the Court (Fifth Chamber),
composed of J. Makarczyk, President of the Chamber, G.
Arestis and J. Klucka (Rapporteur), Judges; C. Stix-Hackl, Advo-
In Case C-90/05 Commission of the European Communities cate General; R. Grass, Registrar, gave a judgment on 12
(Agent: D. Triantafyllou) v Grand Duchy of Luxembourg January 2006, in which it:
11.3.2006 EN Official Journal of the European Union C 60/11

1. Declared that, by failing, with regard to the province of Åland, to 2. Orders the Portuguese Government to pay the costs.
adopt the laws regulations and administrative provisions necessary
to comply with Directive 2003/87/EEC of the European Parlia-
ment and of the Council of 13 October 2003 establishing a (1) OJ C 106 of 30.04.2005.
scheme for greenhouse gas emission allowance trading within the
Community and amending Council Directive 96/61/EC, the
Finnish Republic has failed to fulfil its obligations under that
directive;

2. Ordered the Finnish Republic to pay the costs.

(1) OJ C 93 of 16.4.2005.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 January 2006

in Case C-179/05 Commission of the European Commu-
JUDGMENT OF THE COURT nities v French Republic (1)

(Sixth Chamber) (Failure of a Member State to fulfil its obligations — Regu-
lation (EEC) No 2847/93 — Control system in the fisheries
sector — Information on catches and fishing effort)
of 12 January 2006

(2006/C 60/23)
in Case C-118/05: Commission of the European Commu-
nities v Portuguese Republic (1)
(Language of the case: French)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Community policy in the field of water —
Failure to transpose within the prescribed period) In Case C-179/05 Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: G. de Bergues
and A. Colomb) — action for failure to fulfil obligations under
(2006/C 60/22) Article 226 EC — the Court (Fifth Chamber), composed of J.
Makarczyk, President of the Chamber, R. Silva de Lapuerta and
M. Kūris (Rapporteur), Judges; M. Poiares Maduro, Advocate
(Language of the case: Portuguese) General; R. Grass, Registrar, gave a judgment on 12 January
2006, in which it:

In Case C-118/05, Action for failure to fulfil obligations under 1. Declares that by failing to provide the information required under
Article 226 EC, brought on 10 March 2005, Commission of the first and third indents of Article 19i of Council Regulation
2847/93 of 12 October 1993 establishing a control system
the European Communities (Agents: A. Caeiros and S. Pardo
applicable to the common fisheries policy, as amended by Council
Quintillán) v Portuguese Republic (Agent: L. Fernandes), the
Regulation (EC) 2635/97 of 18 December 1997, the French
Court (Sixth Chamber), composed of J. Malenovský, President
Republic has failed to fulfil its obligations under that regulation;
of the Chamber, J.-P. Puissochet and A. Ó Caoimh, Judges; P.
Léger, Advocate General; R. Grass, Registrar, gave a judgment
on 12 January 2006, in which it:
2. Orders the French Republic to pay the costs.

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to (1) OJ C 155 of 25.06.2005
comply with Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, the Portuguese
Republic has failed to fulfil its obligations under that Directive;