Judgment of the Court (Sixth Chamber) of 7 November 1996. - Commission of the European Communities v Italian Republic. - Failure to fulfil obligations - Failure to transpose Directives 93/48/EEC, 93/49/EEC, 93/52/EEC, 93/61/EEC and 93/85/EEC. - Case C-315/95.



European Court reports 1996 Page I-05743



Parties

Grounds

Decision on costs

Operative part



Keywords

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

(EC Treaty, Art. 169)

Parties

In Case C-315/95,

Commission of the European Communities, represented by Eugenio de March, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

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

defendant,

APPLICATION for a declaration that, by not adopting and bringing into force within the prescribed periods the laws, regulations and administrative provisions necessary to comply with:

° Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ 1993 L 250, p. 1),

° Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ 1993 L 250, p. 9),

° Council Directive 93/52/EEC of 24 June 1993 amending Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ 1993 L 175, p. 21),

° Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC (OJ 1993 L 250, p. 19), and

° Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot (OJ 1993 L 259, p. 1),

the Italian Republic has failed to fulfil its obligations under those directives and under the EC Treaty,

THE COURT (Sixth Chamber),

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

Advocate General: D. Ruiz-Jarabo Colomer,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 3 October 1996,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 3 October 1995, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by not adopting and bringing into force within the prescribed periods the laws, regulations and administrative provisions necessary to comply with:

° Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ 1993 L 250, p. 1),

° Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ 1993 L 250, p. 9),

° Council Directive 93/52/EEC of 24 June 1993 amending Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ 1993 L 175, p. 21),

° Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC (OJ 1993 L 250, p. 19), and

° Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot (OJ 1993 L 259, p. 1),

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

2 It is apparent from Articles 10, 8 and 7 of Directives 93/48, 93/49 and 93/61 respectively that the Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with those directives by no later than 31 December 1993 and to notify the Commission forthwith.

3 Similarly, in accordance with Articles 2 and 12 of Directives 93/52 and 93/85, the Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with those directives by no later than 1 January 1994 and 15 November 1993 respectively and to notify the Commission forthwith.

4 Since the Commission received no notification from the Italian Republic concerning the transposition of those five directives, on 10 February 1994 it put it on formal notice pursuant to Article 169 of the Treaty. In the letter giving notice, the Commission requested the Italian Government to submit its observations within two months of its receipt.

5 As there was no reply, on 22 September 1994 the Commission issued a reasoned opinion to the Italian Government and requested it to adopt the provisions necessary to comply with the opinion within two months of its notification.

6 Since the Italian Republic' s letter of 3 February 1995 did not satisfy it, the Commission brought this action under Article 169.

7 The Commission points out that, under Article 189 of the EC Treaty, a directive is binding, as to the result to be achieved, upon each Member State to which it is addressed, but leaves to the national authorities the choice of form and methods. It adds that in accordance with Article 5 of the Treaty the Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. The Commission states that the binding nature of those provisions requires Member States to comply with the time-limits prescribed in directives.

8 According to the Commission, that obligation imposed by the Treaty is expressly referred to in Article 10 of Directive 93/48, Article 8 of Directive 93/49, Article 2 of Directive 93/52, Article 7 of Directive 93/61 and Article 13 of Directive 93/85, which require the Member States to bring into force the laws, regulations or administrative provisions necessary to comply with those directives and forthwith to inform the Commission thereof.

9 The Italian Republic does not deny the alleged failure to fulfil its obligations, but states that the national authorities encountered procedural and legal problems.

10 By letter of 27 February 1996 the Italian Republic informed the Commission that Directive 93/85 had been transposed by Ministerial Decree of 31 January 1996 (GURI No 37 of 14 February 1996) and enclosed a copy of the order.

11 By letter of 2 April 1996, the Commission discontinued its action as regards the failure to transpose Directive 93/85.

12 It did however maintain its claims alleging failure to transpose Directives 93/48, 93/49, 93/52 and 93/61 within the prescribed periods and asked the Court to order the Italian Republic to pay the costs.

13 It follows from all the preceding considerations that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directives 93/48, 93/49, 93/52 and 93/61 within the prescribed periods, the Italian Republic has failed to fulfil its obligations under Article 10 of Directive 93/48, Article 8 of Directive 93/49, Article 2 of 93/52 and Article 7 of Directive 93/61.

Decision on costs

Costs

14 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Italian Republic has been unsuccessful, it must be ordered to pay the costs.

Operative part

On those grounds,

THE COURT (Sixth Chamber)

hereby:

1. Declares that, by not adopting and bringing into force within the prescribed periods the laws, regulations and administrative provisions necessary to comply with:

° Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC,

° Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC,

° Council Directive 93/52/EEC of 24 June 1993 amending Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species,

° Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC,

the Italian Republic has failed to fulfil its obligations under Article 10 of Directive 93/48, Article 8 of Directive 93/49, Article 2 of 93/52 and Article 7 of Directive 93/61;

2. Orders the Italian Republic to pay the costs.