Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - NOT PERMISSIBLE
( EEC TREATY , ART . 169 )
Summary
A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN COMMUNITY DIRECTIVES .
Parties
IN CASE 221/83
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GUIDO BERARDIS , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL , ALSO A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
APPLICANT ,
V
ITALIAN REPUBLIC , REPRESENTED AND ASSISTED BY PIER GIORGIO FERRI , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,
DEFENDANT ,
Subject of the case
APPLICATION FOR A DECLARATION THAT , BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE MEASURES NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 78/1026/EEC OF 18 DECEMBER 1978 CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE , INCLUDING MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES ( OFFICIAL JOURNAL 1978 , L 362 , P . 1 ), AND BY FAILING TO IMPLEMENT FULLY COUNCIL DIRECTIVE NO 78/1027/EEC OF 18 DECEMBER 1978 CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS ( OFFICIAL JOURNAL 1978 , L 362 , P . 7 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 3 OCTOBER 1983 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE MEASURES NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 78/1026/EEC OF 18 DECEMBER 1978 AND BY NOT FULLY IMPLEMENTING COUNCIL DIRECTIVE NO 78/1027/EEC OF 18 DECEMBER 1978 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 THE AIM OF COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978 ( OFFICIAL JOURNAL 1978 , L 362 , P . 1 ) IS TO ENSURE THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE . IT ALSO PROVIDES FOR MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES .
3 THE AIM OF COUNCIL DIRECTIVE NO 78/1027 OF 18 DECEMBER 1978 ( OFFICIAL JOURNAL 1978 , L 362 , P . 7 ) IS TO COORDINATE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS AND IN PARTICULAR TO ENSURE THAT THE TRAINING OF VETERINARY SURGEONS IS COMPARABLE IN THE MEMBER STATES SO AS TO ENABLE DIPLOMAS , CERTIFICATES AND OTHER QUALIFICATIONS TO BE MUTUALLY RECOGNIZED .
4 THE TWO DIRECTIVES PROVIDE , IN ARTICLES 18 ( 1 ) AND 3 ( 1 ) RESPECTIVELY , THAT THE MEMBER STATES MUST ADOPT THE MEASURES NECESSARY TO COMPLY WITH THEM WITHIN TWO YEARS OF THEIR NOTIFICATION , THAT IS TO SAY BY 20 DECEMBER 1980 , AND THAT THEY MUST IMMEDIATELY INFORM THE COMMISSION THEREOF .
5 HAVING RECEIVED NO INFORMATION FROM THE ITALIAN REPUBLIC , THE COMMISSION , BY LETTER OF 14 DECEMBER 1981 , INITIATED THE PROCEDURE PROVIDED FOR IN ARTICLE 169 OF THE TREATY . IN REPLY TO THAT LETTER THE PERMANENT REPRESENTATION OF THE ITALIAN REPUBLIC TO THE EUROPEAN COMMUNITIES INFORMED THE COMMISSION ON 29 MARCH 1982 THAT THE COUNCIL OF MINISTERS HAD APPROVED A BILL COVERING THE RELEVANT MATTERS .
6 ON 21 JUNE 1982 THE COMMISSION , CONSIDERING THE ITALIAN GOVERNMENT ' S REPLY UNSATISFACTORY BECAUSE NO LEGISLATIVE MEASURE HAD BEEN ADOPTED , DELIVERED A REASONED OPINION WITH WHICH THE ITALIAN REPUBLIC WAS REQUESTED TO COMPLY WITHIN A PERIOD OF ONE MONTH . BY LETTER OF 30 SEPTEMBER 1982 THE ITALIAN REPUBLIC FORWARDED THE AFOREMENTIONED BILL , STATING THAT IT HAD BEEN LAID BEFORE PARLIAMENT ON 13 MARCH 1982 AFTER THE COMMITTEE ON CONSTITUTIONAL MATTERS HAD SIGNIFIED ITS APPROVAL .
7 THE COMMISSION , CONSIDERING THAT THE ITALIAN REPUBLIC HAD NOT ADOPTED ANY MEASURE TO COMPLY WITH THE AFOREMENTIONED DIRECTIVES , BROUGHT THIS ACTION FOR A DECLARATION THAT IT HAD FAILLED TO FULFIL ITS OBLIGATIONS .
THE APPLICANT ' S CONCLUSIONS RELATING TO THE QUESTION OF FAILURE TO IMPLEMENT COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978
8 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THAT IT HAS NOT FULFILLED ITS OBLIGATION TO IMPLEMENT THIS DIRECTIVE . IT POINTS OUT , HOWEVER , THAT IT HAS LAID A BILL BEFORE PARLIAMENT CONTAINING APPROPRIATE PROVISIONS FOR THE IMPLEMENTATION OF THE DIRECTIVE . NEVERTHELESS , THE PARLIAMENTARY PROCEDURE IN RELATION TO THAT BILL COULD NOT BE COMPLETED OWING TO THE PREMATURE DISSOLUTION OF THE CHAMBER OF DEPUTIES . THE PROCEDURE FOR PASSING THE BILL MUST THEREFORE BE REPEATED .
9 THOSE CIRCUMSTANCES CANNOT EXPUNGE THE INFRINGEMENT OF THE TREATY WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . THE COURT HAS CONSISTENTLY HELD THAT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN COMMUNITY DIRECTIVES .
10 IT MUST THEREFORE BE DECLARED THAT , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
THE APPLICANT ' S CONCLUSIONS RELATING TO THE FAILURE TO IMPLEMENT FULLY COUNCIL DIRECTIVE NO 78/1027 OF 18 DECEMBER 1978
11 WHEREAS THROUGHOUT THE PROCEDURE PRIOR TO THE APPLICATION TO THE COURT THE GOVERNMENT OF THE ITALIAN REPUBLIC CONFINED ITSELF TO STATING THAT , IN ORDER TO INCORPORATE THE DIRECTIVE INTO NATIONAL LAW , A LAW EMPOWERING IT TO ADOPT THE NECESSARY MEASURES WAS IN PREPARATION , IT HAS ASSERTED , FOR THE FIRST TIME IN ITS DEFENCE , THAT THE DIRECTIVE WAS ALREADY FULLY IMPLEMENTED BY THE PRESENT SYSTEM OF STUDIES AND DIPLOMAS FOR THE VETERINARY PROFESSION LAID DOWN IN ORDER NO 987 OF THE PRESIDENT OF THE REPUBLIC OF 23 OCTOBER 1969 ( GAZZETTA UFFICIALE ( OFFICIAL GAZETTE ) NO 1 OF 2 . 1 . 1970 ). ACCORDING TO THE ITALIAN GOVERNMENT , THAT ORDER , WHICH PROVIDES FOR A FIVE-YEAR COURSE OF STUDIES AT UNIVERSITY AND WHICH DEFINES IN ITS ANNEX THE VARIOUS SUBJECTS COVERED BY THE COURSE LEADING TO A DOCTOR ' S DEGREE IN VETERINARY MEDICINE , FULFILS THE REQUIREMENTS LAID DOWN IN ARTICLE 1 OF COUNCIL DIRECTIVE NO 78/1027 AND IN THE ANNEX THERETO .
12 IN ITS REPLY THE COMMISSION NOTED THE EXISTENCE OF ORDER NO 987 OF 23 OCTOBER 1969 BUT MADE IT CLEAR THAT IT CONSIDERED THAT THE PROVISIONS IT CONTAINED DID NOT FULLY IMPLEMENT THE DIRECTIVE BECAUSE THE ANNEX TO THE ORDER WHICH SET OUT THE CURRICULUM FOR A DOCTOR ' S DEGREE IN VETERINARY MEDICINE IN ITALY , DID NOT INCLUDE THREE OF THE SUBJECTS LISTED IN THE ANNEX TO DIRECTIVE NO 78/1027 LAYING DOWN A HARMONIZED CURRICULUM FOR VETERINARY SURGEONS . THOSE THREE SUBJECTS WERE PREVENTIVE MEDICINE , FOOD HYGIENE AND TECHNOLOGY AND ANIMAL ETHOLOGY AND PROTECTION .
13 IT MUST BE NOTED THAT AT THE HEARING THE COMMISSION ACCEPTED THAT THE ORDER OF 27 OCTOBER 1969 IMPLEMENTED THE DIRECTIVE SATISFACTORILY AS FAR AS TRAINING IN PREVENTIVE MEDICINE WAS CONCERNED . THE COMMISSION ' S CONCLUSIONS ARE THEREFORE LIMITED TO THE FAILURE TO INCLUDE THE SUBJECTS OF ' ' FOOD HYGIENE AND TECHNOLOGY ' ' AND ' ' ANIMAL ETHOLOGY AND PROTECTION ' ' IN THE CURRICULUM ADOPTED IN ITALY FOR VETERINARY SURGEONS .
14 THE INTRODUCTORY WORDS OF THE ANNEX TO DIRECTIVE NO 78/1027 STATE THAT : ' ' THE PROGRAMME OF STUDIES LEADING TO THE DIPLOMA , CERTIFICATE OR OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE SHALL INCLUDE AT LEAST THE SUBJECTS LISTED BELOW . INSTRUCTION IN ONE OR MORE OF THESE SUBJECTS MAY BE GIVEN AS PART OF , OR IN ASSOCIATION WITH , OTHER COURSES ' ' . THE ACTUAL TITLES OF THE SUBJECTS AND DISCIPLINES FORMING THE CURRICULUM FOR VETERINARY SURGEONS ARE NOT THEREFORE REQUIRED TO BE TRANSPOSED WORD FOR WORD INTO THE LEGAL SYSTEMS OF THE MEMBER STATES ; THE ANNEX MERELY REQUIRES A TRANSPOSITION WHICH IS SUFFICIENTLY FAITHFUL TO ENSURE THAT TRAINING COURSES IN THE MEMBER STATES ARE COMPARABLE SO AS TO ENABLE DIPLOMAS TO BE MUTUALLY RECOGNIZED .
15 THE GOVERNMENT OF THE ITALIAN REPUBLIC POINTS OUT THAT THE ACQUISITION OF ADEQUATE KNOWLEDGE , WITHIN THE MEANING OF THE DIRECTIVE , OF THE SUBJECT OF ' ' FOOD HYGIENE AND TECHNOLOGY ' ' IS ENSURED BY COMPULSORY INSTRUCTION IN THE SUBJECT ENTITLED ' ' INSPECTION AND CONTROL OF FOODSTUFFS OF ANIMAL ORIGIN ' ' MENTIONED IN GROUP 18 OF THE ANNEX TO THE ORDER ; THE PERFORMANCE OF SUCH INSPECTION AND CONTROL DUTIES NECESSARILY PRESUPPOSES A KNOWLEDGE OF METHODS OF PRODUCING AND MARKETING FOODSTUFFS INTENDED FOR CONSUMPTION .
16 AS THE COMMISSION SUBMITTED AND AS IS CLEAR FROM THE ORAL ARGUMENT BEFORE THE COURT , THE DISCIPLINE MENTIONED IN GROUP 18 OF THE ANNEX TO ORDER NO 987 COVERS ONLY PART OF THE SUBJECT ' ' FOOD HYGIENE AND TECHNOLOGY ' ' REFERRED TO BY THE DIRECTIVE . THE COMMISSION ALSO RIGHTLY SUBMITTED THAT CERTAIN SUBJECTS DIRECTLY RELATED TO FOOD HYGIENE AND TECHNOLOGY ARE MENTIONED IN ORDER NO 987 AMONGST THE SUPPLEMENTARY SUBJECTS , WHICH ARE OPTIONAL FOR STUDENTS OF VETERINARY MEDICINE . CONSEQUENTLY , IT WOULD BE QUITE POSSIBLE FOR SUCH STUDENTS TO OBTAIN A DOCTOR ' S DEGREE IN VETERINARY MEDICINE WITHOUT RECEIVING FULL TRAINING IN THAT SUBJECT , WHICH IS INCOMPATIBLE WITH THE REQUIREMENTS LAID DOWN IN ARTICLE 1 OF THE DIRECTIVE .
17 THE COMMISSION IS THEREFORE RIGHT IN CONSIDERING THAT THE ITALIAN REPUBLIC HAS NOT FULLY TRANSPOSED DIRECTIVE NO 78/1027 IN THIS REGARD .
18 AS REGARDS THE SUBJECT ENTITLED ' ' ANIMAL ETHOLOGY AND PROTECTION ' ' , WHICH IS MENTIONED IN GROUP 3 OF THE ANNEX TO DIRECTIVE NO 78/1027 , THE GOVERNMENT OF THE ITALIAN REPUBLIC MAINTAINS THAT THE ACQUISITION OF ADEQUATE KNOWLEDGE OF THAT SUBJECT IS ENSURED BY COMPULSORY INSTRUCTION IN THE SUBJECTS LISTED IN GROUP 5 OF THE ANNEX TO ORDER NO 987 , WHICH ARE AS FOLLOWS :
' ' ZOOTECHNY :
( 1 ) HYGIENE , APPEARANCE OF ANIMALS , ETHNOLOGY ;
( 2)GENETICS AND BREEDING ' ' .
19 IT IS CLEAR FROM THE ORAL ARGUMENTS ADVANCED BEFORE THE COURT THAT THE SUBJECTS LISTED IN GROUP 5 OF THE ANNEX TO ORDER NO 987 DO NOT CORRESPOND TO THE SUBJECT ENTITLED ' ' ANIMAL ETHOLOGY AND PROTECTION ' ' MENTIONED IN THE ANNEX TO COUNCIL DIRECTIVE NO 78/1027 . THE SUBJECTS SPECIFIED BY THE DIRECTIVE ESSENTIALLY CONCERN THE TEACHING OF THE SCIENCE OF ANIMAL BEHAVIOUR WHEREAS THE SUBJECTS LISTED IN GROUP 5 OF THE ITALIAN CURRICULUM ARE RELATED TO THE STUDY OF ANIMAL POPULATIONS AND TECHNIQUES OF REPRODUCTION AND BREEDING .
20 IN THOSE CIRCUMSTANCES THE COMMISSION IS ALSO RIGHT IN CONSIDERING THAT THE ITALIAN REPUBLIC HAS NOT FULLY TRANSPOSED COUNCIL DIRECTIVE NO 78/1027 IN THIS REGARD EITHER .
21 ACCORDINGLY , IT MUST BE HELD THAT :
BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ; AND THAT :
BY NOT FULLY IMPLEMENTING COUNCIL DIRECTIVE NO 78/1027 OF 18 DECEMBER 1978 AND BY FAILING TO PROVIDE FOR COMPULSORY INSTRUCTION IN THE SUBJECTS REFERRED TO AS ' ' ANIMAL ETHOLOGY AND PROTECTION ' ' AND ' ' FOOD HYGIENE AND TECHNOLOGY ' ' AS PART OF ITS CURRICULUM FOR VETERINARY SURGEONS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
22 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;
2.DECLARES THAT , BY NOT FULLY IMPLEMENTING COUNCIL DIRECTIVE NO 78/1027 OF 18 DECEMBER 1978 AND BY FAILING TO PROVIDE FOR COMPULSORY INSTRUCTION IN THE SUBJECTS REFERRED TO AS ' ' ANIMAL ETHOLOGY AND PROTECTION ' ' AND ' ' FOOD HYGIENE AND TECHNOLOGY ' ' AS PART OF ITS CURRICULUM FOR VETERINARY SURGEONS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
3.ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .
Full & Egal Universal Law Academy