61981C0029
OPINION OF ADVOCATE GENERAL SIR GORDON SLYNN
DELIVERED ON 8 OCTOBER 1981
My Lords,
Case 29/81 is an application by the Commission for a declaration that the Republic of Italy has failed to fulfil its obligations under the EEC Treaty in that it has not adopted the measures which are necessary for the implementation of Council Directive 74/562 of 12 November 1974 (OJ L 308 of 19. 11. 1974, p. 23), within the period fixed for doing so by Article 6.
The Republic of Italy has explained that it was necessary, in this case, to initiate consultations with interested parties and that process has inevitably delayed the matter being brought before the Italian legislature. Once again, it seems to me that the jurisprudence of the Court has made it clear consistently that a Member State is not entitled to rely on practices or circumstances existing in its own internal legal or administrative system to justify failing to comply with the obligations imposed on it by a directive.
In this case, too, a request has been made that the Court should delay the making of a declaration and should extend the time for the implementation of this directive. Whilst understanding the reasons which have been put forward by counsel for the Republic of Italy, it does not seem to me, for the reasons given in my opinion in Case 28/81, that it is open to the Court to extend the date, or that it would be right to defer making a decision in the case.
Accordingly, in my opinion, the declaration sought by the Commission should be granted in this case also and the Republic of Italy should be ordered to pay the costs of the action as asked by the Commission.