Judgment of the Court (Fourth Chamber) of 21 January 1999. - Commission of the European Communities v Italian Republic. - Failure of Member State to fulfil its obligations - Directives 93/119/EC, 94/42/EC, 94/16/EC and 93/118/EC - Non-transposition within the prescribed time-limits. - Case C-416/97.



European Court reports 1999 Page I-00335



Parties

Grounds

Decision on costs

Operative part



Keywords

1 Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EC Treaty, Art. 169)

2 Procedure - Costs - Discontinuance or withdrawal justified by the conduct of the other party

(Rules of Procedure of the Court of Justice, Art. 69(5))

Parties

In Case C-416/97,

Commission of the European Communities, represented by Francesco P. Ruggeri Laderchi, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, also of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Umberto Leanza, Head of the Legal Department at the Ministry of Foreign Affairs, acting as Agent, assisted by Ivo M. Braguglia, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 Rue Marie-Adélaïde,

defendant,

"APPLICATION for a declaration that, by failing to adopt, within the prescribed time-limits, the laws, regulations and administrative provisions necessary to comply with

- Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ 1993 L 340, p. 21),

- Council Directive 94/42/EC of 27 July 1994 amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (OJ 1994 L 201, p. 26),

- Commission Directive 94/16/EC of 22 April 1994 amending Council Directive 74/63/EEC on undesirable substances and products in animal nutrition (OJ 1994 L 104, p. 32), and

- Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1993 L 340, p. 15),

or in any event by failing to notify such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under those directives,

THE COURT

(Fourth Chamber),

composed of: P.J.G. Kapteyn, President of the Chamber, J.L. Murray and H. Ragnemalm (Rapporteur), Judges,

Advocate General: J. Mischo,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 13 October 1998,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 9 December 1997, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt, within the prescribed time-limits, the laws, regulations and administrative provisions necessary to comply with

- Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ 1993 L 340, p. 21),

- Council Directive 94/42/EC of 27 July 1994 amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (OJ 1994 L 201, p. 26),

- Commission Directive 94/16/EC of 22 April 1994 amending Council Directive 74/63/EEC on undesirable substances and products in animal nutrition (OJ 1994 L 104, p. 32), and

- Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1993 L 340, p. 15),

or in any event by failing to notify such provisions to the Commission, the Italian Republic had failed to fulfil its obligations under those directives.

2 Under the first subparagraph of Article 18(1) of Directive 93/119, the first subparagraph of Article 2(1) of Directive 94/42 and the first paragraph of Article 2 of Directive 94/16, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with those directives by 1 January 1995 in respect of the first two and not later than 1 March 1995 in respect of the third. Under the first subparagraph of Article 3(1) of Directive 93/118, Member States were to bring into force the necessary measures to comply with certain provisions not later than 31 December 1993 and with other provisions not later than 31 December 1994.

3 As it had not received any notification concerning the transposition of those directives into the Italian legal system, and in the absence of any other information enabling it to conclude that the Italian Republic had complied with those obligations, the Commission, by letters of 2 August 1995 in respect of the first three directives and of 16 May 1995 in respect of the fourth, initiated the procedure under Article 169 of the Treaty, putting Italy on formal notice to submit its observations within two months.

4 By letter of 26 September 1995, the Italian Government informed the Commission that the Italian authorities were in the process of drawing up the measures necessary to comply with Directives 93/119, 94/42 and 94/16.

5 In the absence of any further communication from the Italian authorities, the Commission sent three reasoned opinions to the Italian Republic on 19 September 1996, requesting it to adopt the measures necessary to comply with its obligations under the directives concerned within two months of the notification of those opinions.

6 In the absence of any reply by the Italian Government to those reasoned opinions, the Commission brought the present action.

7 However, the Italian Republic informed the Commission that Directives 94/16 and 93/119 had been transposed into the Italian legal system, the first by ministerial decree of 11 May 1998 and the second by legislative decree of 1 September 1998, whereupon the Commission discontinued, by documents lodged at the Court on 20 October 1998 and 10 December 1998 respectively, such part of its action as concerned the failure to transpose Directives 94/16 and 93/119 into national law. The Commission applied under Article 69(5) of the Rules of Procedure for an order requiring the Italian Republic to pay the costs. There is therefore no longer any need to adjudicate on the failure to transpose those directives within the time-limits prescribed therein.

8 As to Directives 94/42 and 93/118, the Italian Republic states in its defence that they will be transposed into national law by legislative decree or by regulation once the Community statute for 1995-1997 has been approved and has entered into force.

9 Since those two directives have not been transposed within the time-limits prescribed therein, the Commission's action in that respect must be held to be well founded.

10 The Court therefore holds that, by failing to adopt within the prescribed time-limits, the laws, regulations and administrative provisions necessary to comply with Directives 94/12 and 93/118, the Italian Republic has failed to fulfil its obligations under those directives.

Decision on costs

Costs

11 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Furthermore, the first subparagraph of Article 69(5) provides that, upon application by a party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if that appears justified by the conduct of that party.

12 In this case, the Italian Republic has been unsuccessful in its pleas concerning Directives 94/42 and 93/118. As for the action concerning Directives 94/16 and 93/119 and the ensuing withdrawals from the proceedings, these were the result of the conduct of that State, which did not notify the Commission of the measures transposing the directives until after the commencement of this action.

13 The Italian Republic must therefore be ordered to pay the costs.

Operative part

On those grounds,

THE COURT

(Fourth Chamber),

hereby rules:

1. By failing to adopt, within the prescribed time-limits, the laws, regulations and administrative provisions necessary to comply with

- Council Directive 94/42/EC of 27 July 1994 amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine, and

- Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat,

the Italian Republic has failed to fulfil its obligations under those directives.

2. The Italian Republic is ordered to pay the costs.