Judgment of the Court of 12 July 1988. - Commission of the European Communities v Italian Republic. - Failure by a Member State to fulfil its obligations - Failure to transpose Council Directive 82/470/EEC into national law - Effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies and in storage and warehousing. - Case 310/86.



European Court reports 1988 Page 03987



Summary

Parties

Grounds

Decision on costs

Operative part



Keywords

++++

Member States - Obligations - Implementation of directives - Failure - Justification - None admissible

( EEC Treaty, Art . 169 )

Summary

A Member State may not plead provisions, practices or circumstances prevailing in its own legal system in order to justify a failure to comply with obligations and time-limits laid down by directives .

Parties

In Case 310/86

Commission of the European Communites, represented by Guido Berardis, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of G . Kremlis, also a member of its Legal Department, Jean Monnet Building, Kirchberg,

applicant,

v

Italian Republic, represented by Luigi Ferrari Bravo, Head of the Department of Contentious Diplomatic Affairs, acting as Agent, assisted by M . Fiumara, Avcocato dello Stato, with an address for service in Luxembourg at the Italian Embassy,

defendant,

APPLICATION for a declaration that by failing to notify the laws, regulations and administrative provisions which it deems sufficient to comply with its obligations under Council Directive 82/470/EEC of 29 June 1982 ( Official Journal L 2l3, p.1 ) on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies ( ISIC Group 718 ) and in storage and warehousing ( ISIC Group 720 ), or by failing to adopt the measures necessary to comply with that directive, the Italian Republic has failed to fulfil its obligations under that directive and under the third paragraph of Article 189 and the first paragraph of Article 5 of the EEC Treaty,

THE COURT

composed of : Lord Mackenzie Stuart, President, G . Bosco, J . C . Moitinho de Almeida and G . C . Rodgríguez Iglesias, President of Chambers, T . Koopmans, U . Everling, Y . Galmot, C . Kakouris and F . Schockweiler, Judges,

Advocate General : J . Mischo

Registrar : H . A . Ruehl, Principal Administrator

having regard to the Report for the Hearing and further to the hearing on 17 May 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 17 May 1988,

gives the following

Judgment

Grounds

1 By an application lodged at the Court Registry on 12 December 1986, the Commission of the European Communities brought proceedings under Article 169 of the EEC Treaty for a declaration that by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies ( ISIC Group 718 ) and in storage and warehousing ( ISIC Group 720 ) ( Official Journal, L 213, p . 1 ), the Italian Republic has failed to fulfil its obligations under the EEC Treaty .

2 Article 8 of Directive 82/470 requires the Member States to adopt the measures necessary to comply with the directive within 18 months of its notification and forthwith inform the Commission thereof . That period expired on 2 January 1984 .

3 The Commission did not receive within the prescribed period any communication from the Italian Government concerning measures to transpose the directive . Thereupon, the Commission sent the Italian Government formal notice, on 16 April 1985, requesting it to submit its observations on the matter within two months . Since no reply was forthcoming to that letter the Commission delivered a reasoned opinion on 11 April 1986 which also remained unanswered and the Commission thereupon brought the present action for failure to fulfil obligations .

4 Reference is made to the Report for the Hearing for a fuller account of the facts of the case, the course of the procedure and the submissions and arguments of the parties, which are mentioned or discussed hereinafter only in so far as is necessary for the reasoning of the Court .

5 The Italian Government acknowledges that the measures needed to transpose the directive into national law have not yet been adopted . It submits that the adjournment of the legislature delayed the adoption of such measures .

6 It should be recalled that the Court has consistently held that a Member State may not plead provisions, practices or circumstances existing in its own legal system in order to justify a failure to comply with obligations and time-limits laid down by directives .

7 It must therefore be declared that by failing to adopt within the prescribed period the provisions necessary to comply with Council Directive 82/470 of 29 June 1982 the Italian Republic has failed to fulfil its obligations under the EEC Treaty .

Decision on costs

Costs

8 Under Article 69 ( 2 ) of the Rules of Procedure, the unsuccessful party must be ordered to pay the costs . As 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 adopt within the prescribed period the provisions necessary to comply with Council Directive 82/470/EEC of 29 June 1982 the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

( 2 ) Orders the Italian Republic to bear the costs .