L'existence d'un manquement doit être appréciée en fonction de la situation de l'Etat membre telle qu'elle se présente au terme du délai fixé dans l'avis motivé
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Suite à l'émission d'un avis motivé contre l'Italie, resté sans réponse, la Commission européenne a introduit en février 2007, un recours en manquement au titre de l'article 226 CE, contre l'Italie. Elle demande à la Cour de justice des communautés européennes de constater la non-transposition en droit italien de la directive du 29 avril 2004 relative à l'indemnisation des victimes de la criminalité. L'Italie ne conteste pas le bien-fondé du recours, mais retient que certaines lois déjà en vigueur dans l'ordre juridique italien prévoient l'indemnisation des victimes d'actes terroristes et de la criminalité organisée, ainsi que des victimes d'escroquerie et d'usure. De plus, elle précise que le processus législatif visant à assurer la transposition de la directive est en voie d'achèvement. Le 29 novembre 2007, la CJCE rappelle que selon une jurisprudence constante, l'existence...
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