61982CJ0203_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 203/82
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY MARIE-JOSE JONCZY, ACTING AS AGENT, ASSISTED BY EUGENIO DE MARCH, BOTH MEMBERS OF ITS LEGAL DEPARTMENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO, A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY THE AVVOCATURA DELLO STATO IN THE PERSON OF IGNAZIO FRANCESCO CARAMAZZA, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
Subject of the case
APPLICATION FOR A DECLARATION THAT, BY FAILING TO COMPLY WITH THE TIME-LIMITS FIXED BY COMMISSION DECISION 80/932/EEC OF 15 SEPTEMBER 1980 CONCERNING THE PARTIAL TAKING OVER BY THE STATE OF EMPLOYERS '
CONTRIBUTIONS TO SICKNESS INSURANCE SCHEMES IN ITALY, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE EEC TREATY,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 9 AUGUST 1982, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE EEC TREATY FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE EEC TREATY BY NOT COMPLYING WITHIN THE PRESCRIBED PERIOD WITH COMMISSION DECISION 80/932/EEC OF 15 SEPTEMBER 1980 CONCERNING THE
PARTIAL TAKING OVER BY THE STATE OF EMPLOYERS '
CONTRIBUTIONS TO SICKNESS INSURANCE SCHEMES IN ITALY ( OFFICIAL JOURNAL 1980, L 264, P . 28 ).
2 BY DECREE LAW NO 353 OF 6 JULY 1978 ( GAZZETTA UFFICIALE NO 192 ), CONVERTED INTO LAW NO 502 OF 5 AUGUST 1978 ( GAZZETTA UFFICIALE NO 246 ), THE ITALIAN GOVERNMENT INTRODUCED A PARTIAL TAKING OVER BY THE STATE OF THE EMPLOYERS '
CONTRIBUTIONS WHICH INDUSTRIAL UNDERTAKINGS AND CERTAIN UNDERTAKINGS IN THE SERVICES SECTOR HAVE TO PAY ON BEHALF OF THEIR EMPLOYEES FOR SICKNESS INSURANCE . THAT TAKING OVER BY THE STATE, WHICH WAS INITIALLY LAID DOWN FOR A TRANSITIONAL PERIOD OF SIX MONTHS, WAS SUBSEQUENTLY EXTENDED SEVERAL TIMES AND MADE DEFINITIVE BY DECREE LAW NO 663 OF 30 DECEMBER 1979 ( GAZZETTA UFFICIALE NO 355 ).
3 THE FIRST PARAGRAPH OF ARTICLE 22 OF THE AFOREMENTIONED DECREE LAW NO 663 PROVIDES THAT :
' ' WITH EFFECT FROM THE CONTRIBUTION PERIOD FOLLOWING THE ONE APPLYING ON 31 DECEMBER 1979, THE TOTAL LEVELS OF CONTRIBUTIONS FOR COMPULSORY SICKNESS INSURANCE PAYABLE BY UNDERTAKINGS . . . ARE REDUCED BY FOUR PERCENTAGE POINTS FOR MALE EMPLOYEES AND BY TEN PERCENTAGE POINTS FOR FEMALE EMPLOYEES . ' '
4 THE COMMISSION CONSIDERED THAT SUCH A SYSTEM CONSTITUTED AN AID INCOMPATIBLE WITH THE COMMON MARKET WITHIN THE MEANING OF ARTICLE 92 OF THE EEC TREATY, SINCE THAT TAKING OVER BY THE STATE ENTAILED A GREATER REDUCTION IN EMPLOYERS '
CONTRIBUTIONS TO THE SICKNESS INSURANCE SCHEME FOR FEMALE EMPLOYEES THAN FOR MALE EMPLOYEES THEREBY FAVOURING CERTAIN ITALIAN INDUSTRIES EMPLOYING LARGE NUMBERS OF FEMALE EMPLOYEES, SUCH AS, IN PARTICULAR, THOSE IN THE TEXTILE, CLOTHING, FOOTWEAR AND LEATHER-GOODS SECTOR . CONSEQUENTLY, ON 15 SEPTEMBER IT ADOPTED A DECISION ( NOTIFIED TO THE ITALIAN GOVERNMENT ON 17 SEPTEMBER 1980 ) WHICH PROVIDES IN PARTICULAR :
' ' ARTICLE 1
THE ITALIAN REPUBLIC SHALL WITHIN SIX MONTHS REMOVE THE DIFFERENCE PROVIDED FOR IN ARTICLE 22 OF DECREE NO 663 OF 30 DECEMBER 1979 IN THE RATE OF REDUCTION OF EMPLOYERS '
SICKNESS INSURANCE CONTRIBUTIONS AS BETWEEN MALE AND FEMALE EMPLOYEES .
ARTICLE 2
THE ITALIAN REPUBLIC SHALL COMMUNICATE TO THE COMMISSION THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS ADOPTED TO COMPLY WITH THIS DECISION NOT LATER THAN THE END OF THE PERIOD LAID DOWN IN ARTICLE 1 . ' '
5 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THAT DECISION . ON THE CONTRARY, BY A LETTER OF 18 FEBRUARY 1981, IT NOTIFIED THE COMMISSION THAT IT HAD TAKEN COGNIZANCE OF THE DECISION AND INTENDED TO COMPLY WITH IT WHEN THE PROVISIONS GOVERNING CONTRIBUTIONS FOR MEDICAL CARE WERE AMENDED .
6 BY LETTER OF 12 MAY 1981, THE COMMISSION, EXCEPTIONALLY, AUTHORIZED THE EXTENSION UNTIL 30 JUNE 1981 OF THE PERIOD FOR COMPLYING WITH THE DECISION, ' ' ON THE CLEAR UNDERSTANDING THAT FROM THAT DATE ANY DIFFERENTIATION BETWEEN MEN AND WOMEN IN THE LEVEL OF THE SAID REDUCTION WILL BE DEFINITIVELY ABOLISHED ' ' .
7 BY A SERIES OF DECREE LAWS, LATER CONVERTED INTO LAWS, AND IN THE LAST INSTANCE BY DECREE LAW NO 17 OF 29 JANUARY 1983, CONVERTED INTO LAW NO 79 OF 25 MARCH 1983, ITALY SET BACK REPEATEDLY THE EFFECTIVE EXPIRY DATE OF THE DISPUTED MEASURE . ACCORDING TO THE ITALIAN GOVERNMENT THAT EXTENSION WAS NECESSARY BECAUSE OF ITS INTENTION TO REORGANIZE THE ENTIRE SYSTEM .
8 THE EXPLANATIONS PROVIDED BY THE ITALIAN GOVERNMENT DO NOT AFFECT IN THE SLIGHTEST THE FACT THAT THE DISPUTED AID HAS, CONTRARY TO THE COMMISSION DECISION, REMAINED IN FORCE AFTER 30 JUNE 1981 AND EVEN UP TO THE DATE OF THE ORAL PROCEDURE BEFORE THE COURT .
9 IT MUST THEREFORE BE HELD THAT BY FAILING TO COMPLY WITHIN THE PRESCRIBED PERIOD WITH COMMISSION DECISION 80/932/EEC OF 15 SEPTEMBER 1980 CONCERNING THE PARTIAL TAKING OVER BY THE STATE OF EMPLOYERS '
CONTRIBUTIONS TO SICKNESS INSURANCE SCHEMES IN ITALY ( OFFICIAL JOURNAL 1980, L 264, P . 28 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
10 UNDER ARTICLES 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 BY FAILING TO COMPLY WITHIN THE PRESCRIBED PERIOD WITH COMMISSION DECISION 80/932/EEC OF 15 SEPTEMBER 1980 CONCERNING THE PARTIAL TAKING OVER BY THE STATE OF EMPLOYERS '
CONTRIBUTIONS TO SICKNESS INSURANCE SCHEMES IN ITALY ( OFFICIAL JOURNAL 1980, L 264, P . 28 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 . ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .