61980CJ0044_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 44/80
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY GIAN PIERO ALESSI, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO, LEGAL ADVISER TO THE COMMISSION, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY ARNALDO SQUILLANTE, ACTING AS AGENT, ASSISTED BY IVO M . BRAGUGLIA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
Subject of the case
APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY BY NOT IMPLEMENTING, WITHIN THE PRESCRIBED PERIOD, COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976, L 24, P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977, L 213, P . 1 ),
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 4 FEBRUARY 1980 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 PRESCRIBED PERIOD, THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976, L 24, P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977, L 213, P . 1 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .
2 UNDER ARTICLE 12 OF COUNCIL DIRECTIVE 76/116/EEC IN CONJUNCTION WITH ARTICLE 2 OF COMMISSION DIRECTIVE 77/535/EEC, THE MEMBER STATES WERE
OBLIGED TO BRING INTO FORCE THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH THOSE DIRECTIVES WITHIN A PERIOD WHICH EXPIRED ON 19 DECEMBER 1977 .
3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THAT IT HAS NOT FULFILLED THOSE OBLIGATIONS . IT EXPLAINS THE DELAY IN THE INCORPORATION OF THE TWO DIRECTIVES INTO THE NATIONAL LEGAL SYSTEM BY THE NEED FOR THE PREPARATION AND APPROVAL OF A SPECIAL LEGISLATIVE MEASURE WHICH WILL LAY DOWN NEW RULES FOR THE ENTIRE FERTILIZER SECTOR . A DRAFT LAW HAS BEEN LAID BEFORE THE CHAMBERS AND THE PARLIAMENTARY PROCEDURE IS TAKING ITS COURSE . ONCE IT HAS ENTERED INTO FORCE, THAT LAW WILL ENSURE THE INCORPORATION OF COUNCIL DIRECTIVE 77/535/EEC INTO THE NATIONAL LEGAL SYSTEM .
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 IT MUST, THEREFORE, BE HELD THAT BY FAILING TO ADOPT, WITHIN THE PRESCRIBED PERIOD, THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC AND COMMISSION DIRECTIVE 77/535/EEC, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .
Decision on costs
6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .
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 NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976, L 24, P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977, L 213, P . 1 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;
2.ORDERS THE DEFENDANT TO PAY THE COSTS .