61983CJ0254_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 254/83
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ALBERTO PROZZILLO,
A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY THE AVVOCATO DELLO STATO, IVO M . BRAGUGLIA, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
Subject of the case
APPLICATION FOR A DECLARATION THAT, BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS, HENS AND COCKS ( OFFICIAL JOURNAL 1976, L 339, P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING REGULATION NO 2967/76 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS, HENS AND COCKS ( OFFICIAL JOURNAL 1980, L 288, P . 13 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 14 NOVEMBER 1983, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS, HENS AND COCKS ( OFFICIAL JOURNAL 1976, L 339, P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING THE ABOVE-MENTIONED COUNCIL REGULATION ( OFFICIAL JOURNAL 1980, L 288, P . 13 ), THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
2 SINCE, DURING THE COURSE OF THE PROCEDURE, THE ITALIAN GOVERNMENT, BY A DECREE OF 12 MARCH 1984 ISSUED BY THE MINISTRY OF AGRICULTURE AND FORESTS ( GAZZETTA UFFICIALE OF 27 MARCH 1984 ), ADOPTED THE PRACTICAL CONTROL MEASURES REQUIRED BY COUNCIL REGULATION NO 2967/76, THE COMMISSION, BY REGISTERED LETTER OF 12 JUNE 1984, WITHDREW ITS ACTION IN SO FAR AS IT SOUGHT A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER REGULATION NO 2967/76, CONTINUING ITS ACTION WITH RESPECT ONLY TO COMMISSION REGULATION NO 2785/80 .
3 AS ITS TITLE INDICATES, COMMISSION REGULATION NO 2785/80 LAYS DOWN THE DETAILED RULES FOR IMPLEMENTING COUNCIL REGULATION NO 2967/76 . ARTICLE 6 OBLIGES MEMBER STATES TO TAKE ALL APPROPRIATE MEASURES TO IMPOSE PENALTIES FOR ANY INFRINGEMENT OF THE COUNCIL REGULATION, AND ARTICLE 7 REQUIRES THEM TO INFORM THE OTHER MEMBER STATES AND THE COMMISSION, BEFORE 1 MARCH 1981, OF THE PRACTICAL CONTROL METHODS ADOPTED PURSUANT TO ARTICLE 3 ( 2 ) OF THE COUNCIL REGULATION AND THE PROVISIONS ADOPTED IN ACCORDANCE WITH ARTICLE 6 OF THE COMMISSION REGULATION .
4 THE ITALIAN GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULFILLED THOSE OBLIGATIONS . IN ITS DEFENCE, IT CLAIMS THAT A DRAFT BILL HAS BEEN PREPARED FOR THE PURPOSE, IN PARTICULAR, OF DETERMINING THE BODIES WITH POWERS TO CONDUCT THE CHECKS REFERRED TO IN ARTICLE 3 OF THE COUNCIL REGULATION AND OF LAYING DOWN THE PENALTIES FOR INFRINGEMENT OF THAT REGULATION AND THE PROCEDURES FOR THE IMPOSITION THEREOF . SINCE THE MEASURES TO BE ADOPTED INVOLVE PENALTIES, THEY CANNOT, UNDER ITALIAN LAW, BE ADOPTED BY MINISTERIAL DECREE BUT ONLY IN THE FORM OF A LAW, FOR WHICH THE PREPARATORY PROCEDURE IS MORE COMPLEX .
5 THOSE CIRCUMSTANCES DO NOT HOWEVER EXPUNGE THE FAILURE 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 LAW .
6 IT MUST THEREFORE BE HELD THAT, BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR IN COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
Decision on costs
COSTS
7 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, BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR BY COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;
2.ORDERS THE DEFENDANT TO PAY THE COSTS .