Judgment_paragraph 33 · European Commission v Italian Republic (C-196/13)

33In the present case, however, it must be recalled that, in its judgment in Commission v Italy (EU:C:2007:250), the Court’s finding that there was a general and persistent failure to fulfil obligations was based not only on the 2002 CFS report, but also on other information, such as the reports drawn up by national parliamentary commissions of inquiry or official documents emanating, in particular, from regional authorities. In those circumstances, in so far as the Italian Republic confines itself to complaining that, in the present action, the Commission has referred to certain sites despite the fact that they are not mentioned in the CFS report, that argument must be rejected, for such sites must be regarded as necessarily encompassed by the general and persistent failure to fulfil obligations established in the first action brought under Article 226 EC (now Article 258 TFEU) (see, by analogy, in the context of an action under Article 226 EC, judgment in Commission v Ireland, C‑494/01, EU:C:2005:250, paragraphs 37 to 39).