CELEX: 61989CJ0048
Language: en
Date: 1990-06-14
Title: Judgment of the Court of 14 June 1990. # Commission of the European Communities v Italian Republic. # Obligation to provide the Commission with information - Non-fulfilment. # Case C-48/89.

Avis juridique important

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61989J0048

Judgment of the Court of 14 June 1990.  -  Commission of the European Communities v Italian Republic.  -  Obligation to provide the Commission with information - Non-fulfilment.  -  Case C-48/89.  

European Court reports 1990 Page I-02425 Pub.RJ Page Pub somm

SummaryPartiesOperative part
Keywords

++++Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible  ( EEC Treaty, Art . 169 )  

Summary

As the Court has consistently held, 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 the obligations and time-limits laid down in Community directives . 

Parties

In Case C-48/89  Commission of the European Communities, represented by S . Fabro, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,  applicant,  v  Italian Republic, represented by Luigi Ferrari Bravo, Head of the Contentious Diplomatic Affairs Department of the Ministry of Foreign Affairs, acting as Agent, assisted by P . G . Ferri, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,  defendant,  APPLICATION for a declaration, pursuant to Article 169 of the EEC Treaty, that the Italian Republic has failed to fulfil its obligations under Council Directive 75/442/EEC of 15 July 1975 on waste ( Official Journal 1975, L 194, p . 39 ), Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls ( Official Journal 1976, L 108, p . 41, and Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste ( Official Journal 1978, L 84, p . 43 ) and Article 5 of the EEC Treaty  THE COURT  composed of : O . Due, President, F . A . Schockweiler and M . Zuleeg ( Presidents of Chambers ), G . F . Mancini, R . Joliet, T . F . O' Higgins, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and F . Grévisse, Judges,  ( the grounds of the judgment are not reproduced )  hereby :  

Operative part

( 1 ) Declares that by failing to provide the plans and reports referred to in Articles 3(2 ) and 12 of Council Directive 75/442/EEC of 15 July 1975 on waste, Article 10 of Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls, and Articles 12(2 ) and 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste, the Italian Republic has failed to fulfil its obligations under those directives;  ( 2 ) Dismisses the application in all other respects;  ( 3 ) Orders the Italian Republic to pay the costs .