Judgment of the Court (Sixth Chamber) of 12 October 1995. - Commission of the European Communities v Italian Republic. - Failure to fulfil obligations - Directive 91/685/EEC - Failure to transpose. - Case C-257/94.



European Court reports 1995 Page I-03041



Parties

Grounds

Decision on costs

Operative part



Keywords

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Member States ° Obligations ° Implementation of directives ° Undisputed failure to fulfil obligations

(EC Treaty, Art. 169)

Parties

In Case C-257/94,

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 Umberto Leanza, Head of the Legal Department at the Ministry of Foreign Affairs, acting as Agent, assisted by Maurizio Fiorilli, 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 not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever (OJ 1991 L 377, p. 1) and with Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (OJ 1991 L 377, p. 18), the Italian Republic has failed to fulfil its obligations under the EC Treaty,

THE COURT (Sixth Chamber),

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

Advocate General: M.B. Elmer,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 14 September 1995,

gives the following

Judgment

Grounds

1 By application lodged at the Registry of the Court of Justice on 16 September 1994, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever (OJ 1991 L 377, p. 1) and with Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (OJ 1991 L 377, p. 18), the Italian Republic has failed to fulfil its obligations under the EC Treaty.

2 Under Article 2 of Directive 91/685 and Directive 91/688, Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with those directives not later than 1 July 1992 and forthwith to inform the Commission thereof.

3 In its statement of defence, the Italian Government submitted the Ministerial Decree of 26 July 1994 published in the Official Gazette of the Italian Republic No 217 of 16 September 1994, which was designed to ensure transposition of Directive 91/688.

4 In its statement of reply, the Commission acknowledged the adoption of those measures and, having established that Directive 91/688 had been correctly transposed into the Italian legal system, declared that it would no longer be pursuing its claim in that regard, although it maintained its application in respect of Directive 91/685.

5 The Italian Republic does not deny that Directive 91/685 was not transposed within the prescribed period but does, however, point out that the legislation intended to transpose it is in the process of being drafted.

6 Since Directive 91/685 was not transposed within the period prescribed by Article 2 thereof, the failure relied on by the Commission in that regard is well founded.

7 It must for that reason be held that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 91/685, the Italian Republic has failed to fulfil its obligations under Article 2 of that directive.

Decision on costs

Costs

8 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs.

9 Under Article 69(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs unless the discontinuance is justified by the conduct of the other party.

10 The Commission withdrew some of the complaints set out in its application in so far as the Italian Republic informed it, after the application had been lodged, of the measures necessary to ensure the transposition of Directive 91/688 into its national legal system.

11 It follows that the Commission' s partial discontinuance was justified by the conduct of the Italian Republic, which has, in any event, been unsuccessful with regard to the remainder of the application.

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

Operative part

On those grounds,

THE COURT (Sixth Chamber)

hereby:

1. Declares that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever, the Italian Republic has failed to fulfil its obligations under Article 2 of Directive 91/685;

2. Orders the Italian Republic to pay the costs.