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Commission v Germany (C-112/05)

Commission v Germany (C-112/05) is a significant case heard before the Court of Justice of the European Union (CJEU). This case specifically concerns the failure of Germany to correctly transpose a European Union directive into its national law. The directive in question related to environmental protection and the proper management of waste, specifically focusing on end-of-life vehicles (ELVs).

The European Commission, acting in its role as guardian of the treaties, brought the action against Germany, alleging that Germany had failed to implement the Directive 2000/53/EC on end-of-life vehicles fully and correctly within the prescribed timeframe. The Commission argued that certain aspects of German national law did not adequately meet the requirements of the Directive.

The core of the dispute centered around the interpretation and application of the Directive's provisions regarding the responsibilities of vehicle manufacturers and importers in taking back end-of-life vehicles and ensuring their proper treatment and recovery. The Commission contended that the German system did not place sufficient responsibility on producers and importers to ensure a comprehensive network for the collection and treatment of ELVs, thereby undermining the directive’s objective of minimizing environmental damage and promoting recycling.

The CJEU ultimately ruled in favor of the Commission, finding that Germany had indeed failed to fulfil its obligations under the Directive. The Court held that the German legislation did not fully guarantee the proper treatment and recovery of end-of-life vehicles, as required by EU law. This judgment reinforced the importance of Member States accurately and completely transposing EU directives into their national legal systems to ensure the effective implementation of EU policy. The case highlights the Commission's power to enforce EU law and the CJEU's role in ensuring consistent application across the Member States.