Italy convicted by the EU for measures on the energy certification of buildings

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Normativa
by Carlo Sala

On appeal by the European Commission in Brussels, the European Court of Justice - with the judgment of 13.06.2013 in Case C-345/12 - has condemned Italy for introducing a derogation from the obligation to deliver the certificate related to energy efficiency in the case of lease of a building that still lacks the same at the time of signing the contract: nore, it has convicted the system of self-declaration of the owner of buildings with low energy efficiency. Basing on 3 surveys - failure to provide for the obligation to deliver energy performance certificates in the event of a lease of a building; possibility for the owner, rather than to deliver the certificate, to "self-declare" his estate in the worst energy class, the "G (derogation never provided for by the Directive of 2002); lack of a report about  transposing the rules of inspections of air conditioning systems - the courts have ruled that Italy has not correctly transposed the Directive 2002/91/EC Energy Performance of Buildings. Directive - which all States were required to transpose the EU by January 4, 2006 - had led Italy to enact the first legislative decree of 19 August 2005, n. 192 ("Implementation of Directive 2002 / 91/Ce on the energy performance of buildings "), and then the ministerial decree of 26 June 2009 on" National guidelines for energy certification of buildings. "Although the 2002 Directive was replaced by Directive 2010/31 / Ue, the latter let without prejudice the obligation of States to transpose the previous standards: Decree-Law n. 63 of 4 June 2013 states the obligation of delivery of the energy certification (now performance certificate) for the energy leases, and the Ministerial Decree of 22 November 2012 has done away with the '"self-declaration in class G" and the rules on inspections of air conditioners are contained in the presidentail decree approved by the Government on 15 February 2013, signed by the head of state in April but not yet published in the Official Journal and therefore not yet in force. In practical terms, the judgment means for Italy (plus court costs) the obligation to come into compliance with the transgressed laws (in the form of a partial transposal). "By failing to provide the obligation to deliver a certified statement relating to energy efficiency in the event of a sale or lease of a property in accordance with Articles 7 and 10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, and by failing to notify the European Commission about transposal measures of Article 9 of Directive 2002/91, the Italian Republic has failed to fulfill its obligations under Articles 7, paragraphs 1 and 2, and 10 of that Directive, and Article 15 paragraph 1 of that directive, read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 about the energy performance of buildings ",  says the judgment.

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