Judgment of the Court (Fourth Chamber) of 29 June 2006.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Council Regulation (EC)No 1255/1999 and Commission Regulation (EC) No 2799/1999 - Milk and milk products - Skimmed-milk powder - System of traceability of skimmed-milk powder.#Case C-487/04.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (OJ 1999 L 160, p. 48) and Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (OJ 1999 L 340, p. 3) – Institution of a system of traceability of milk powder not provided for by Community legislation.

Operative part

Operative part

The Court:

1. Declares that by unilaterally instituting a system of traceability of skimmed-milk powder for certain uses, not provided for by harmonised provisions of Community law applicable to the sector, the Italian Republic has failed to fulfil its obligations under Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products and Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder;

2. Orders the Italian Republic to pay the costs.