Judgment of the Court of 2 December 1980. - Commission of the European Communities v Italian Republic. - Failure of a State to fulfil its obligations - Implementation of a directive. - Case 43/80.



European Court reports 1980 Page 03643

Greek special edition Page 00443



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

Summary

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 .

Parties

IN CASE 43/80

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , 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 IVO M . BRAGUGLIA , 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 NOT IMPLEMENTING IN GOOD TIME COMMISSION DIRECTIVE NO 76/696/EEC OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS COUNCIL DIRECTIVE NO 73/360/EEC OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING MACHINES ( OFFICIAL JOURNAL 1976 , L 236 , P . 26 ),

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 1 FEBRUARY 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 PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS THE COUNCIL DIRECTIVE OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING MACHINES ( OFFICIAL JOURNAL L 236 , P . 26 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY .

2 BY ARTICLE 2 OF THAT DIRECTIVE MEMBER STATES WERE REQUIRED TO PUT INTO EFFECT THE MEASURES NEEDED TO COMPLY THEREWITH WITHIN A PERIOD OF ONE YEAR FROM THE DATE OF NOTIFICATION THEREOF ; THAT PERIOD EXPIRED ON 30 JULY 1977 .

3 THE ITALIAN REPUBLIC DOES NOT DENY THAT IT HAS NOT MET THAT OBLIGATION . IT STATES THAT THE DELAY IN IMPLEMENTING THE DIRECTIVE WAS AT FIRST DUE TO THE FACT THAT A DRAFT LAW SUBMITTED FOR THAT PURPOSE HAD LAPSED OWING TO THE DISSOLUTION OF PARLIAMENT AND THAT IT WAS LATER DUE TO THE FACT THAT A DRAFT LAW REQUESTING STATUTORY AUTHORIZATION FOR THE ADOPTION INTO THE ITALIAN LEGAL SYSTEM OF A NUMBER OF DIRECTIVES , THOUGH APPROVED BY THE SENATE ON 16 JULY 1980 , WAS STILL UNDER SCRUTINY BY THE CHAMBER OF DEPUTIES .

4 THOSE 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 DECLARED THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS COUNCIL DIRECTIVE NO 73/360/EEC OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING MACHINES ( OFFICIAL JOURNAL L 236 , P . 26 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .