Judgment of the Court of 2 December 1980. - Commission of the European Communities v Italian Republic. - Failure of a State to fulfil its obligations - Implementation of a directive. - Case 42/80.



European Court reports 1980 Page 03635

Greek special edition Page 00441



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

Summary

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

Parties

IN CASE 42/80

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF THE LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY IVO MARIO BRAGUGLIA , AVVOCATO DELLO STATO , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY BY NOT IMPLEMENTING WITHIN THE PRESCRIBED PERIOD COUNCIL DIRECTIVE NO 73/361 OF 19 NOVEMBER 1973 , ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE CERTIFICATION AND MARKING OF WIRE-ROPES , CHAINS AND HOOKS ( OFFICIAL JOURNAL L 335 , P . 51 ) AND ALSO COMMISSION DIRECTIVE NO 76/434 OF 13 APRIL 1976 , ADAPTING THE SAID COUNCIL DIRECTIVE TO TECHNICAL PROGRESS ( OFFICIAL JOURNAL L 122 , P . 20 ),

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 1 FEBRUARY 1980 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 73/361 OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE CERTIFICATION AND MARKING OF WIRE-ROPES , CHAINS AND HOOKS ( OFFICIAL JOURNAL L 335 , P . 51 ), AND WITH COMMISSION DIRECTIVE NO 76/434 OF 13 APRIL 1976 , ADAPTING THE SAID COUNCIL DIRECTIVE TO TECHNICAL PROGRESS ( OFFICIAL JOURNAL L 122 , P . 20 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER ARTICLE 189 ( 3 ) OF THE TREATY .

2 PURSUANT TO ARTICLE 6 OF COUNCIL DIRECTIVE NO 73/361 , MEMBER STATES WERE OBLIGED TO PUT INTO FORCE THE MEASURES NEEDED IN ORDER TO COMPLY WITH THAT DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION , THE PERIOD HAVING EXPIRED IN THIS CASE ON 25 MAY 1975 . PURSUANT TO ARTICLE 2 OF COMMISSION DIRECTIVE NO 76/434 , MEMBER STATES WERE OBLIGED TO PUT INTO FORCE THE MEASURES NEEDED IN ORDER TO COMPLY WITH THAT DIRECTIVE WITHIN NINE MONTHS OF ITS NOTIFICATION , THE PERIOD HAVING EXPIRED IN THIS CASE ON 13 JANUARY 1977 .

3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THE FACT THAT IT HAS NOT SATISFIED THAT OBLIGATION . IT MERELY STATES THAT THE DELAY IN APPLYING THE DIRECTIVES IN QUESTION IS DUE TO THE FACT THAT ITS ATTEMPTS TO FULFIL ITS OBLIGATIONS UNDER THE SAID DIRECTIVES HAVE NOT SUCCEEDED OWING TO POLITICAL AND PARLIAMENTARY EVENTS . A DRAFT LAW WAS TABLED BEFORE THE ITALIAN PARLIAMENT DURING THE PREVIOUS SESSION BUT LAPSED OWING TO THE EARLY DISSOLUTION OF THAT PARLIAMENT . IN ORDER TO ADAPT THE INTERNAL LEGAL SYSTEM MORE RAPIDLY TO COMMUNITY DIRECTIVES , THE ITALIAN GOVERNMENT HAS SUBSEQUENTLY ASKED THE PARLIAMENT FOR THE DELEGATION OF LEGISLATIVE POWERS , AS PROVIDED FOR IN ARTICLE 76 OF THE CONSTITUTION , IN ORDER THAT PROVISIONS HAVING THE FORCE AND STATUS OF LAW , WHICH WERE NECESSARY FOR THE IMPLEMENTATION OF A BODY OF COMMUNITY DIRECTIVES INCLUDING THOSE IN QUESTION , MIGHT BE ADOPTED BY DECREE . SUCH DELEGATION WAS APPROVED BY THE SENATE ON 16 JULY 1980 , BY THE ADOPTION OF AN APPROPRIATE DRAFT LAW , WHICH IS AT PRESENT UNDER EXAMINATION BY THE CHAMBER OF DEPUTIES .

4 THESE CIRCUMSTANCES DO NOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS , WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO THE WELL-ESTABLISHED CASE-LAW , A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

5 IT MUST THEREFORE BE DECLARED THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIODS , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 73/361 OF 19 NOVEMBER 1973 AND COMMISSION DIRECTIVE NO 76/434 OF 13 APRIL 1976 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

7 SINCE 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 NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 73/361 OF 19 NOVEMBER 1973 , ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO THE CERTIFICATION AND MARKING OF WIRE-ROPES , CHAINS AND HOOKS ( OFFICIAL JOURNAL L 335 , P . 51 ) AND WITH COMMISSION DIRECTIVE NO 76/434 OF 13 APRIL 1976 ADAPTING THE SAID COUNCIL DIRECTIVE TO TECHNICAL PROGRESS ( OFFICIAL JOURNAL L 122 , P . 20 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .