Opinion of the Advocate General — ECLI:EU:C:2006:65
Date: 2006-01-26
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Italy

Summary of the Judgment 1. Member States – Obligations – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) 2. Actions for failure to fulfil obligations – Judgment of the Court establishing such failure – Breach of the obligation to comply with the judgment (Art. 228(2) EC) 1. A Member State cannot plead provisions, practices or situations prevailing in its domestic legal order, such as a system for regulating employment relationships based on collective agreement, to justify failure to observe obligations arising under Community law. (see paras 25-26) 2. In an action brought by the Commission for a declaration that, by failing to take all the measures necessary to comply with a judgment declaring it to be in breach of its obligations, the Member State concerned has failed to fulfil its obligations under Article 228 EC, it must be ascertained whether the alleged breach has continued up to the Court’s examination of the facts. In that regard, it is for the Commission to provide the Court with the information necessary to determine the extent to which a Member State has complied with a judgment declaring it to be in breach of its obligations. Moreover, where the Commission has adduced sufficient evidence to show that the breach of obligations has persisted, it is for the Member State concerned to challenge in substance and in detail the information produced and its consequences. (see paras 33, 41, 47, operative part)