Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
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MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL AN OBLIGATION - JUSTIFICATION - NOT PERMISSIBLE
( EEC TREATY ART . 169 )
Summary
A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .
THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
Parties
IN CASE 386/85
COMMISSION OF THE EUROPEAN COMUNITIES, REPRESENTED BY ALBERTO PROZZILLO, LEGAL ADVISER, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGES KREMLIS, A MEMBER OF THE COMMISSION' S LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY LUIGI FERRARI BRAVO, HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC AFFAIRS, ACTING AS AGENT, ASSISTED BY OSCAR FIUMARA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
APPLICATION FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PERIOD PRESCRIBED THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 80/214/EEC OF 22 JANUARY 1980 AMENDING DIRECTIVE 77/99/EEC ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN MEAT PRODUCTS ( OFFICIAL JOURNAL 1980, L*47, P.*3 ), COUNCIL DIRECTIVE 80/1099/EEC OF 11 NOVEMBER 1980 AMENDING DIRECTIVE 72/461/EEC WITH REGARD TO SWINE VESICULAR DISEASE AND CLASSICAL SWINE FEVER ( OFFICIAL JOURNAL 1980, L*325, P.*14 ) AND COUNCIL DIRECTIVE 80/1100/EEC OF 11 NOVEMBER 1980 AMENDING DIRECTIVE 80/215/EEC WITH REGARD TO SWINE VESICULAR DISEASE AND CLASSICAL SWINE FEVER ( OFFICIAL JOURNAL 1980, L*325, P.*16 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,
THE COURT
COMPOSED OF :
LORD MACKENZIE STUART, PRESIDENT, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, U . EVERLING, K . BAHLMANN AND J . C . MOITINHO DE ALMEIDA, JUDGES,
ADVOCATE GENERAL : SIR GORDON SLYNN
REGISTRAR : H.A . RUEHL, PRINCIPAL ADMINISTRATOR
HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 15 JANUARY 1987,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED ON THE SAME OCCASION,
GIVES THE FOLLOWING
JUDGMENT
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 2 DECEMBER 1985, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PERIOD PRESCRIBED THE MEASURES NECESSARY TO COMPLY WITH DIRECTIVES 80/214/EEC, 80/1099/EEC AND 80/1100/EEC ON INTRA-COMMUNITY TRADE IN FRESH MEAT AND MEAT PRODUCTS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 THE FOLLOWING DIRECTIVES ARE CONCERNED :
COUNCIL DIRECTIVE 80/214/EEC OF 22 JANUARY 1980 AMENDING DIRECTIVE 77/99/EEC ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN MEAT PRODUCTS ( OFFICIAL JOURNAL L*47, P.*3 );
COUNCIL DIRECTIVE 80/1099/EEC OF 11 NOVEMBER 1980 AMENDING DIRECTIVE 72/461/EEC WITH REGARD TO SWINE VESICULAR DISEASE AND CLASSICAL SWINE FEVER ( OFFICIAL JOURNAL L*325, P.*14 );
COUNCIL DIRECTIVE 80/1100/EEC OF 11 NOVEMBER 1980 AMENDING DIRECTIVE 80/215/EEC WITH REGARD TO SWINE VESICULAR DISEASE AND CLASSICAL SWINE FEVER ( OFFICIAL JOURNAL L*315, P.*16 ).
3 ARTICLE 2 OF DIRECTIVE 80/214/EEC PROVIDES THAT THE MEMBER STATES ARE TO BRING INTO FORCE THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE BY 31 DECEMBER 1980 . THE SAME OBLIGATION IS IMPOSED BY ARTICLE 2 OF DIRECTIVE 80/1100 AND BY ARTICLE 3 OF DIRECTIVE 80/1099, WHICH SPECIFY 1 JULY 1981 AS THE TIME-LIMIT FOR THE ADOPTION OF THE NECESSARY MEASURES, AND, IN ADDITION, REQUIRE THE MEMBER STATES TO INFORM THE COMMISSION THEREOF FORTHWITH .
4 AS IT HAD NOT RECEIVED ANY COMMUNICATION FROM THE ITALIAN GOVERNMENT CONCERNING THE ADOPTION OF MEASURES IMPLEMENTING THE DIRECTIVES IN QUESTION, ON 22 DECEMBER 1983 THE COMMISSION WROTE TO THE ITALIAN GOVERNMENT FORMALLY REQUESTING THE LATTER TO SUBMIT ITS OBSERVATIONS ON THE MATTER . ON 7 JUNE 1985 THE COMMISSION ISSUED A REASONED OPINION . ON BEING INFORMED BY THE ITALIAN GOVERNMENT ON 23 JULY 1985 THAT THE DIRECTIVES WERE IN THE PROCESS OF BEING IMPLEMENTED BY MEANS OF DRAFT LAWS, THE COMMISSION BROUGHT THE PRESENT ACTION .
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED EXPOSITION OF THE FACTS, THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
6 THE ITALIAN GOVERNMENT ACKNOWLEDGES THAT IT HAS FAILED TO FULFIL ITS OBLIGATIONS . AT THE HEARING, IT STATED THAT THE DRAFT LAW IMPLEMENTING DIRECTIVE 80/1099 WAS BEING EXAMINED BY THE ITALIAN SENATE AND THERE WAS A POSSIBILITY THAT IT WOULD BE ADOPTED RELATIVELY SOON, SINCE IT HAD ALREADY BEEN ENDORSED BY THE RELEVANT COMMITTEE . WITH REGARD TO DIRECTIVES 80/1100 AND 80/214, THE ITALIAN GOVERNMENT REITERATED THAT THE NECESSARY PROVISIONS FOR THEIR IMPLEMENTATION WERE STILL BEING DRAWN UP AND THE DELAY IN DRAFTING THEM WAS ATTRIBUTABLE TO THE COMPLEXITY OF THE MATTER AND THE NEED FOR DETAILED STUDIES .
7 IT MUST BE BORNE IN MIND THAT, AS THE COURT HAS CONSISTENTLY HELD, A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .
8 IT MUST ALSO BE POINTED OUT, AS THE COURT HELD IN ITS JUDGMENT OF 12 OCTOBER 1982 IN CASE 136/81 COMMISSION V ITALIAN REPUBLIC (( 1982 )) ECR 3547, THAT THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .
9 IN THE LIGHT OF THE FOREGOING CONSIDERATIONS, IT MUST BE HELD THAT, BY FAILING TO ADOPT WITHIN THE PERIOD PRESCRIBED THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 80/214/EEC OF 22 JANUARY 1980 AND COUNCIL DIRECTIVES 80/1099/EEC AND 80/1100/EEC OF 11 NOVEMBER 1980, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
10 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . AS 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 FAILING TO ADOPT WITHIN THE PERIOD PRESCRIBED THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 80/214/EEC OF 22 JANUARY 1980 AND COUNCIL DIRECTIVES 80/1099/EEC AND 80/1100/EEC OF 11 NOVEMBER 1980, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY;
( 2 ) ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .
Full & Egal Universal Law Academy