61980CJ0252_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 252/80
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY GIULIANO MARENCO, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY PIER GIORGIO FERRI, AVVOCATO DELLO STATO, ACTING AS AGENT, 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 TREATY BY FAILING TO IMPLEMENT, WITHIN THE PERIODS PRESCRIBED, SEVEN DIRECTIVES ON MEASURING INSTRUMENTS,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 17 NOVEMBER 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 PERIODS THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH THE FOLLOWING SERIES OF SEVEN DIRECTIVES ON MEASURING INSTRUMENTS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY :
( A ) COUNCIL DIRECTIVE 76/765/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ALCOHOLOMETERS AND ALCOHOL HYDROMETERS ( OFFICIAL JOURNAL 1976, L 262, P . 143 );
( B)COUNCIL DIRECTIVE 76/766/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ALCOHOL TABLES ( OFFICIAL JOURNAL 1976, L 262, P . 149 );
( C)COUNCIL DIRECTIVE 76/891/EEC OF 4 NOVEMBER 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ELECTRICAL ENERGY METERS ( OFFICIAL JOURNAL 1976, L 336, P . 30 );
( D)COUNCIL DIRECTIVE 77/95/EEC OF 21 DECEMBER 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO TAXIMETERS ( OFFICIAL JOURNAL 1977, L 26, P . 59 );
( E)COUNCIL DIRECTIVE 77/313/EEC OF 5 APRIL 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MEASURING SYSTEMS FOR LIQUIDS OTHER THAN WATER ( OFFICIAL JOURNAL 1977, L 105, P . 18 );
( F)COMMISSION DIRECTIVE 78/365/EEC OF 31 MARCH 1978 ADAPTING TO TECHNICAL PROGRESS FOR THE SECOND TIME COUNCIL DIRECTIVE 71/318/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO GAS VOLUME METERS ( OFFICIAL JOURNAL 1978, L 104, P . 26 );
( G)COUNCIL DIRECTIVE 78/629/EEC OF 19 JUNE 1978 ADAPTING TO TECHNICAL PROGRESS DIRECTIVE 73/362/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MATERIAL MEASURES OF LENGTH ( OFFICIAL JOURNAL 1978, L 206, P . 8 ).
2 EACH DIRECTIVE PROVIDED THAT THE MEMBER STATES WERE OBLIGED TO PUT INTO FORCE THE MEASURES NEEDED IN ORDER TO COMPLY WITH IT WITHIN A CERTAIN PERIOD WHICH VARIED BETWEEN 12 AND 24 MONTHS FROM THE DATE OF ITS NOTIFICATION . THE LAST OF THE PERIODS LAID DOWN EXPIRED ON 22 JUNE 1979 .
3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THE FACT THAT IT HAS NOT FULFILLED THAT OBLIGATION . IT STATES THAT THE DELAY IN IMPLEMENTING THE DIRECTIVES ARISES FROM THE NEED TO HAVE RECOURSE TO LEGISLATION IN ORDER TO PUT THEM INTO EFFECT, NECESSITATING A PERIOD OF TIME WHICH IS DETERMINED BY REQUIREMENTS AND EVENTS PECULIAR TO THE PARLIAMENTARY PROCESS ; IN VIEW OF THOSE DIFFICULTIES THE ITALIAN GOVERNMENT HAS APPLIED TO PARLIAMENT FOR THE DELEGATION OF LEGISLATIVE POWERS, WHICH HAS ALREADY BEEN APPROVED BY THE SENATE BUT IS STILL UNDER CONSIDERATION BY THE CHAMBER OF DEPUTIES .
4 THESE 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 PERIODS, THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH THE ABOVE-MENTIONED DIRECTIVES THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
Decision on costs
COSTS
6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . 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 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY BY FAILING TO ADOPT, WITHIN THE PRESCRIBED PERIODS, THE PROVISIONS NECESSARY FOR COMPLIANCE WITH THE FOLLOWING DIRECTIVES :
( A ) COUNCIL DIRECTIVE 76/765/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ALCOHOLOMETERS AND ALCOHOL HYDROMETERS ( OFFICIAL JOURNAL 1976, L 262, P . 143 );
( B)COUNCIL DIRECTIVE 76/766/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ALCOHOL TABLES ( OFFICIAL JOURNAL 1976, L 262, P . 149 );
( C)COUNCIL DIRECTIVE 76/891/EEC OF 4 NOVEMBER 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ELECTRICAL ENERGY METERS ( OFFICIAL JOURNAL 1976, L 336, P . 30 );
( D)COUNCIL DIRECTIVE 77/95/EEC OF 21 DECEMBER 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO TAXIMETERS ( OFFICIAL JOURNAL 1977, L 26, P . 59 );
( E)COUNCIL DIRECTIVE 77/313/EEC OF 5 APRIL 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MEASURING SYSTEMS FOR LIQUIDS OTHER THAN WATER ( OFFICIAL JOURNAL 1977, L 105, P . 18 );
( F)COMMISSION DIRECTIVE 78/365/EEC OF 31 MARCH 1978 ADAPTING TO TECHNICAL PROGRESS FOR THE SECOND TIME COUNCIL DIRECTIVE 71/318/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO GAS VOLUME METERS ( OFFICIAL JOURNAL 1978, L 104, P . 26 );
( G)COUNCIL DIRECTIVE 78/629/EEC OF 19 JUNE 1978 ADAPTING TO TECHNICAL PROGRESS DIRECTIVE 73/362/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MATERIAL MEASURES OF LENGTH ( OFFICIAL JOURNAL 1978, L 206, P . 8 );
2.ORDERS THE DEFENDANT TO PAY THE COSTS .