Judgment of the Court (Ninth Chamber) of 22 May 2014 — Commission v Italy

(Case C‑339/13)

‛Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Ban on rearing laying hens in unenriched cage systems — Rearing of laying hens in cages which do not conform to the requirements of that directive’

1. Acts of the institutions — Directives — Implementation by Member States — Binding nature of time-limits for implementation (Art. 288, third para., TFEU) (see para. 22)

2. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 25)

3. Actions for failure to fulfil obligations — Objective nature — Reason for the failure to fulfil obligations — No effect (Art. 258 TFEU) (see para. 28)

4. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 29)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3 and 5(2) of Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ 1999 L 203, p. 53).

Operative part:

1. By having failed to ensure, from 1 January 2012, that laying hens are no longer reared in unenriched cage systems, the Italian Republic has failed to fulfil its obligations under Article 3 and 5(2) of Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens.

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

Judgment of the Court (Ninth Chamber) of 22 May 2014 — Commission v Italy

(Case C‑339/13)

‛Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Ban on rearing laying hens in unenriched cage systems — Rearing of laying hens in cages which do not conform to the requirements of that directive’

1. Acts of the institutions — Directives — Implementation by Member States — Binding nature of time-limits for implementation (Art. 288, third para., TFEU) (see para. 22)

2. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 25)

3. Actions for failure to fulfil obligations — Objective nature — Reason for the failure to fulfil obligations — No effect (Art. 258 TFEU) (see para. 28)

4. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para. 29)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3 and 5(2) of Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ 1999 L 203, p. 53).

Operative part:

1. By having failed to ensure, from 1 January 2012, that laying hens are no longer reared in unenriched cage systems, the Italian Republic has failed to fulfil its obligations under Article 3 and 5(2) of Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens.