61977CJ0147_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 147/77
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, CESARE MAESTRIPIERI, 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 ITS AMBASSADOR, ADOLFO MARESCA, ACTING AS AGENT, ASSISTED BY THE VICE-AVVOCATO DELLO STATO ( DEPUTY STATE ADVOCATE ), IVO MARIO BRAGUGLIA, 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 ARTICLE 5 OF THE EEC TREATY AND THE COUNCIL DIRECTIVE OF 18 NOVEMBER 1974 ON STUNNING OF ANIMALS BEFORE SLAUGHTER ( OFFICIAL JOURNAL L 316 OF 26 NOVEMBER 1974, P . 10 ),
Grounds
1IN PURSUANCE OF THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY THE COMMISSION LODGED AT THE COURT REGISTRY ON 6 DECEMBER 1977 AN APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC, BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF COUNCIL DIRECTIVE NO 74/577/EEC OF 18 NOVEMBER 1974 ( OFFICIAL JOURNAL L 316, P . 19 ) ON STUNNING OF ANIMALS BEFORE SLAUGHTER, HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 5 OF THE TREATY AND UNDER THE AFOREMENTIONED DIRECTIVE .
2THE
JUDGMENT OF 6 . 6 . 1978 - CASE 147/77
COUNCIL, IN EXAMINING THE NATIONAL PROVISIONS GOVERNING THE PROTECTION OF ANIMALS, NOTED THAT THEY PRESENTED DISPARITIES OF SUCH A NATURE AS TO AFFECT DIRECTLY THE FUNCTIONING OF THE COMMON MARKET SINCE THE COSTS ARISING FROM SUCH REQUIREMENTS WERE VARIABLE FROM ONE MEMBER STATE TO ANOTHER .
3FURTHERMORE,
IT APPEARED TO THE COUNCIL THAT THE COMMUNITY SHOULD ALSO TAKE ACTION TO AVOID IN GENERAL ALL FORMS OF CRUELTY TO ANIMALS AND IT APPEARED DESIRABLE, AS A FIRST STEP, THAT SUCH ACTION SHOULD CONSIST IN LAYING DOWN CONDITIONS SUCH AS TO AVOID ALL UNNECESSARY SUFFERING ON THE PART OF ANIMALS WHEN BEING SLAUGHTERED .
4FOR THE ABOVE REASONS THE AIM OF THE DIRECTIVE IS TO GENERALIZE THE PRACTICE OF STUNNING ANIMALS BY THE USE OF A MECHANICALLY-OPERATED INSTRUMENT, ELECTRICITY OR GAS ANAESTHESIA AND IT REQUIRES THE MEMBER STATES TO PUT SUCH PROVISIONS INTO FORCE BY 1 JULY 1975 AT THE LATEST .
5BEFORE DELIVERING ON 5 MAY 1977 THE REASONED OPINION PROVIDED FOR BY ARTICLE 169 OF THE TREATY, THE COMMISSION, IN PURSUANCE OF THE FIRST INDENT OF ARTICLE 155 OF THE TREATY, ON SEVERAL OCCASIONS, AND IN PARTICULAR ON 12 JANUARY, 31 MARCH, 2 NOVEMBER AND 15 DECEMBER 1976, INVITED THE ITALIAN GOVERNMENT TO NOTIFY IT OF THE FACTS AND PROVISIONS REGARDING THE INCORPORATION OF COMMUNITY STANDARDS INTO THE ITALIAN LEGAL SYSTEM .
6THE ITALIAN GOVERNMENT, WHILST NOT CLAIMING THAT THE COMMISSION ' S APPLICATION IS UNFOUNDED, HAS STATED THAT THE PURPOSES OF DIRECTIVE NO 74/577/EEC, BOTH THOSE OF AN ECONOMIC NATURE AND THOSE HAVING AS THEIR AIM THE PROTECTION OF ANIMALS, COULD BE REALIZED BY THE APPLICATION OF ARTICLE 9 OF ROYAL DECREE NO 3298 OF 20 DECEMBER 1928 ( OFFICIAL JOURNAL OF THE KINGDOM OF ITALY NO 36 OF 12 FEBRUARY 1929 ) ADOPTING PROCEDURES WHICH MAKE IT POSSIBLE TO PRODUCE THE DEATH OF ANIMALS IN THE MOST RAPID POSSIBLE MANNER .
7HOWEVER, COMMISSION V ITALY
IN ORDER TO COMPLETE THE PROCESSES EMPLOYED AND TO MAKE THEM COMPLY WITH THE PROVISIONS OF DIRECTIVE NO 74/577/EEC, THE ITALIAN GOVERNMENT HAS PRESENTED TO THE SENATE OF THE REPUBLIC ON 20 JULY 1977 A DRAFT LAW, NO 840, WHICH HAS NOT YET BECOME THE LAW OF THE STATE .
8IT
FOLLOWS THAT BY NOT HAVING BROUGHT INTO FORCE WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVE NO 74/577/EEC ON STUNNING OF ANIMALS BEFORE SLAUGHTER THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
Decision on costs
COSTS
9UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S CONCLUSIONS .
10THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS .
11IT MUST THEREFORE BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT
HEREBY :
1 . DECLARES THAT BY NOT HAVING BROUGHT INTO FORCE WITHIN THE PRESCRIBED PERIOD THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE PROVISIONS OF COUNCIL DIRECTIVE NO 74/577 OF 18 NOVEMBER 1974 ON STUNNING OF ANIMALS BEFORE SLAUGHTER THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;
2 . ORDERS OPINION OF MR REISCHL - CASE 147/77