CELEX: 61978CJ0163
Language: en
Date: 1979-02-22
Title: Judgment of the Court of 22 February 1979. # Commission of the European Communities v Italian Republic. # Aerosol dispensers. # Case 163/78.

Avis juridique important

|

61978J0163

Judgment of the Court of 22 February 1979.  -  Commission of the European Communities v Italian Republic.  -  Aerosol dispensers.  -  Case 163/78.  

European Court reports 1979 Page 00771 Greek special edition Page 00405 Portuguese special edition Page 00403

SummaryPartiesSubject of the caseGroundsDecision on costsOperative part
Keywords

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION - NOT ACCEPTABLE  ( EEC TREATY , ART . 169 )    

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 THE OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES .    

Parties

IN CASE 163/78 COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,   APPLICANT ,   V  ITALIAN REPUBLIC , REPRESENTED BY ADOLFO MARESCA , AMBASSADOR , ACTING AS AGENT , ASSISTED BY ARTURO MARZANO , AVVOCATO DELLO STATO , 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 ARISING UNDER COUNCIL DIRECTIVE NO 75/324/EEC OF 20 MAY 1975 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO AEROSOL DISPENSERS ( OFFICIAL JOURNAL L 147 , P . 40 ),  

Grounds

1BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 28 JULY 1978 , THE COMMISSION , IN PURSUANCE OF ARTICLE 169 OF THE EEC TREATY , APPLIED TO THE COURT FOR A DECLARATION THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO AEROSOL DISPENSERS ( OFFICIAL JOURNAL L 147 , P . 40 ) THE ITALIAN REPUBLIC HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .    2UNDER ARTICLE 11 OF THE DIRECTIVE THE MEMBER STATES WERE TO BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION , A PERIOD WHICH IN THIS CASE EXPIRED ON 21 NOVEMBER 1976 .    3THE DEFENDANT DOES NOT CONTEST THE ALLEGED FAILURE .    4THE DEFENDANT HAS MERELY STATED THAT THE DELAY IN BRINGING THE DIRECTIVE IN QUESTION INTO FORCE WAS DUE , ON THE ONE HAND , TO THE NECESSITY OF ADOPTING A LEGISLATIVE MEASURE AND , ON THE OTHER HAND , TO THE FACT THAT THE ACTUAL SUBJECT-MATTER OF THE DIRECTIVE REQUIRED PRIOR CONSULTATION WITH VARIOUS COMPETENT ADMINISTRATIVE AUTHORITIES .    5IT MUST BE REMEMBERED THAT 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 IMPOSED BY COMMUNITY DIRECTIVES .    6IT MUST ACCORDINGLY BE DECLARED THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .    

Decision on costs

COSTS  7UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .    8THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE BE ORDERED TO PAY THE COSTS .    

Operative part

ON THOSE GROUNDS , THE COURT  HEREBY :   1 . RULES THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY ;   2.ORDERS THE DEFENDANT TO BEAR THE COSTS .