CELEX: 61981CJ0030
Failure to fulfil an obligation
Implementation of harmonization directives

1 BY APPLICATIONS LODGED AT THE COURT REGISTRY ON 16 AND 17 FEBRUARY AND ON 24 APRIL 1981 , THE COMMISSION BROUGHT BEFORE THE COURT , PURSUANT TO ARTICLE 169 OF THE EEC TREATY , FIVE ACTIONS FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIODS , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH THE FOLLOWING DIRECTIVES :
( A ) COUNCIL DIRECTIVE 75/439/EEC OF 16 JUNE 1975 ON THE DISPOSAL OF WASTE OILS ( OFFICIAL JOURNAL L 194 , P . 31 );
( B)COUNCIL DIRECTIVE 75/440/EEC OF 16 JUNE 1975 CONCERNING THE QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER IN THE MEMBER STATES ( OFFICIAL JOURNAL L 194 , P . 34 );
( C)COUNCIL DIRECTIVE 75/442/EEC OF 15 JULY 1975 ON WASTE ( OFFICIAL JOURNAL L 194 , P . 47 );
( D)COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 CONCERNING THE QUALITY OF BATHING WATER ( OFFICIAL JOURNAL L 31 , P . 1 );
( E)COUNCIL DIRECTIVE 76/403/EEC OF 6 APRIL 1976 ON THE DISPOSAL OF POLYCHLORINATED BIPHENYLS AND POLYCHLORINATED TERPHENYLS ( OFFICIAL JOURNAL L 108 , P . 41 ).
2 EACH DIRECTIVE LAID DOWN THAT THE MEMBER STATES WERE TO BRING INTO FORCE THE MEASURES NEEDED IN ORDER TO COMPLY WITH IT WITHIN A PERIOD OF TWO YEARS . THE PERIOD EXPIRED , IN THE CASE OF THE FIRST TWO DIRECTIVES ( 75/439/EEC AND 75/440/EEC ), ON 18 JUNE 1977 AND , IN THE CASE OF THE OTHERS ( 75/442/EEC , 76/160/EEC AND 76/403/EEC ), ON 18 JULY 1977 , 11 DECEMBER 1977 AND 9 APRIL 1978 RESPECTIVELY .
3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THAT IT HAS FAILED TO FULFIL THAT OBLIGATION . IT STATES THAT THE DELAY IN IMPLEMENTING THE DIRECTIVES STEMS FROM THE NEED TO HAVE RECOURSE TO THE ADOPTION OF LEGISLATION IN ORDER TO IMPLEMENT THE SAID DIRECTIVES , A PROCEDURE WHICH ENTAILS THE OBSERVANCE OF CERTAIN TIME-LIMITS DETERMINED BY THE REQUIREMENTS AND EVENTS INHERENT IN THE PARLIAMENTARY PROCESS . FACES WITH THOSE DIFFICULTIES , THE ITALIAN GOVERNMENT HAS ASKED PARLIAMENT FOR A DELEGATION OF LEGISLATIVE POWERS . ALTHOUGH THE DELEGATION HAS ALREADY BEEN APPROVED BY THE SENATE IT IS STILL BEING EXAMINED BY THE CHAMBER OF DEPUTIES .
4 THOSE CIRCUMSTANCES DO NOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO WELL-ESTABLISHED CASE-LAW , 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 .
5 THEREFORE IT MUST BE HELD THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVES 75/439/EEC AND 75/440/EEC OF 16 JUNE 1975 , 75/442/EEC OF 15 JULY     1975 , 76/160/EEC OF 8 DECEMBER 1975 AND 76/403/EEC OF 6 APRIL 1976 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
Decision on costs
6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
7 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 FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH THE FOLLOWING DIRECTIVES :
( A ) COUNCIL DIRECTIVE 75/439/EEC OF 16 JUNE 1975 ON THE DISPOSAL OF WASTE OILS ;
( B)COUNCIL DIRECTIVE 75/440/EEC OF 16 JUNE 1975 CONCERNING THE QUALITY REQUIRED OF SURFACE WATER INTENDED FOR THE ABSTRACTION OF DRINKING WATER IN THE MEMBER STATES ;
( C)COUNCIL DIRECTIVE 75/442/EEC OF 15 JULY 1975 ON WASTE ;
( D)COUNCIL DIRECTIVE 76/160/EEC OF 8 DECEMBER 1975 CONCERNING THE QUALITY OF BATHING WATER ;
( E)COUNCIL DIRECTIVE 76/403/EEC OF 6 APRIL 1976 ON THE DISPOSAL OF POLYCHLORINATED BIPHENYLS AND POLYCHLORINATED TERPHENYLS ;
THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;
2.ORDERS THE DEFENDANT TO PAY THE COSTS .