European Commission v Italian Republic.
Date: 2009-12-15
45. According to the Court’s settled case-law, although it is for Member States to take the appropriate measures to ensure their internal and external security, it does not follow that such measures are entirely outside the scope of Community law (see Case C‑273/97 Sirdar  [1999] ECR I‑7403, paragraph 15, and Case C‑285/98 Kreil  [2000] ECR I‑69, paragraph 15). As the Court has already held, the only articles in which the Treaty expressly provides for derogations applicable in situations which may affect public safety are Articles 30 EC, 39 EC, 46 EC, 58 EC, 64 EC, 296 EC and 297 EC, which deal with exceptional and clearly defined cases. It cannot be inferred that the Treaty contains an inherent general exception excluding all measures taken for reasons of public security from the scope of Community law. The recognition of the existence of such an exception, regardless of the specific requirements laid down by the Treaty, would be liable to impair the binding nature of Community law and its uniform application (see Case C‑186/01 Dory  [2003] ECR I‑2479, paragraph 31 and case-law there cited).
46. Furthermore, the derogations provided for in Articles 296 EC and 297 EC must, in accordance with settled case-law in respect of derogations from fundamental freedoms (see, inter alia, Case C‑503/03 Commission  v Spain  [2006] ECR I‑1097, paragraph 45; Case C‑490/04 Commission  v Germany  [2007] ECR I‑6095, paragraph 86; and Case C‑141/07 Commission  v Germany  [2008] ECR I‑6935, paragraph 50), be interpreted strictly.
57. It should be recalled in this connection that it is only exceptionally that, in application of a general principle of legal certainty which is inherent in the Community legal order, the Court may be moved to restrict for any person concerned the opportunity of relying upon a provision which it has interpreted, with a view to calling in question legal relations established in good faith (see, inter alia, Case C‑104/98 Buchner and Others  C‑104/98 [2000] ECR I‑3625, paragraph 39).
58. The Court has taken such a step only in certain specific circumstances, where there is a risk of serious economic repercussions owing in particular to the large number of legal relationships entered into in good faith on the basis of rules considered to be validly in force, and where it appears that both individuals and national authorities have been led into adopting practices which did not comply with Community law by reason of objective, significant uncertainty regarding the implications of Community provisions, to which the conduct of other Member States or the Commission may even have contributed (Case C‑359/97 Commission  v United Kingdom  [2000] ECR I‑6355, paragraph 91).
59. Even if judgments delivered under Article 226 EC were to have the same effects as those delivered under Article 234 EC and, therefore, considerations of legal certainty might, exceptionally, make it necessary to limit their temporal effects (see Case C‑178/05 Commission  v Greece  [2007] ECR I‑4185, paragraph 67; Case C‑475/07 Commission  v Poland  [2009] ECR I‑0000, paragraph 61; and Case C‑559/07 Commission  v Greece  [2009] ECR I‑0000, paragraph 78), it must be stated, in the present case, that the Commission did not at any stage abandon its position in principle. In the declaration which the Commission made during the negotiations relating to Regulation No 150/2003, it expressed its firm intention to maintain its claim to the collection of customs duties which should have been paid for periods prior to the entry into force of that regulation and reserved the right to take the appropriate action in that regard.