CELEX: 61986CJ0124
Failure by a Member State to fulfil its obligations
Failure to transpose Council Directive 83/183/EEC into national law
Tax exemptions applicable to permanent imports from Member States of the personal property of individuals

Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 26 MAY 1986 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 83/183/EEC OF 28 MARCH 1983 ON TAX EXEMPTIONS APPLICABLE TO PERMANENT IMPORTS FROM A MEMBER STATE OF THE PERSONAL PROPERTY OF INDIVIDUALS ( OFFICIAL JOURNAL 1983, L*105, P.*64 ), THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 ARTICLE 12*(1 ) OF DIRECTIVE 83/183/EEC PROVIDES THAT MEMBER STATES ARE TO BRING INTO FORCE THE REQUISITE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS BY 1 JANUARY 1984 AT THE LATEST . ARTICLE 12*(2 ) REQUIRES MEMBER STATES TO COMMUNICATE TO THE COMMISSION THE TEXT OF THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY HAVE ADOPTED IN THE FIELD COVERED BY THE DIRECTIVE .
3 NOT HAVING RECEIVED FROM THE ITALIAN GOVERNMENT ANY COMMUNICATION CONCERNING MEASURES TO IMPLEMENT THE DIRECTIVE, THE COMMISSION SENT IT ON 21 DECEMBER 1984 A FORMAL NOTICE CALLING UPON IT TO SUBMIT ITS OBSERVATIONS . AFTER DELIVERING A REASONED OPINION ON 18 JULY 1985 AND AFTER GRANTING THREE REQUESTS MADE BY THE ITALIAN GOVERNMENT FOR EXTENSIONS OF THE PERIOD IT WAS ALLOWED FOR COMPLYING WITH THE REASONED OPINION, SO AS TO ENABLE IT TO ADOPT A DRAFT LAW RELATING TO THE DIRECTIVE, THE COMMISSION BROUGHT THE PRESENT ACTION .
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT 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 .
5 THE ITALIAN GOVERNMENT ACKNOWLEDGES THAT IT HAS NOT YET FULFILLED ITS OBLIGATIONS . AT THE HEARING IT STATED THAT THE DRAFT LAW DESIGNED TO IMPLEMENT THE DIRECTIVE WAS BEFORE PARLIAMENT AND HAD ALREADY RECEIVED THE ASSENT OF THE BUDGETARY COMMITTEE . THE LEGISLATIVE PROCESS WOULD CONTINUE BUT POLITICAL DIFFICULTIES HAD PREVENTED IT FROM BEING COMPLETED BEFORE THE COURT HEARING .
6 IT SHOULD BE RECALLED THAT IT IS ESTABLISHED CASE-LAW THAT 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 LAID DOWN BY DIRECTIVES .
7 IT MUST THEREFORE BE CONCLUDED THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 83/183/EEC OF 28 MARCH 1983 ON TAX EXEMPTIONS APPLICABLE TO PERMANENT IMPORTS FROM A MEMBER STATE OF THE PERSONAL PROPERTY OF INDIVIDUALS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
8 UNDER ARTICLE 69*(2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY MUST 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 PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 83/183/EEC OF 28 MARCH 1983 ON TAX EXEMPTIONS APPLICABLE TO PERMANENT IMPORTS FROM A MEMBER STATE OF THE PERSONAL PROPERTY OF INDIVIDUALS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY;
( 2 ) ORDERS THE ITALIAN REPUBLIC TO BEAR THE COSTS .