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URL: http://www.bailii.org/eu/cases/EUECJ/1978/C10077.html
Cite as: [1978] EUECJ C-100/77

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61977J0100
Judgment of the Court of 11 April 1978.
Commission of the European Communities v Italian Republic.
Metrology.
Case 100/77.
European Court reports 1978 Page 00879
Greek special edition 1978 Page 00307
Portuguese special edition 1978 Page 00329

MEMBER STATES - FAILURE TO FULFIL AN OBLIGATION UNDER THE TREATY - JUSTIFICATION - NOT PERMISSIBLE
( EEC TREATY , ART . 169 )

A MEMBER STATE CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND PERIODS RESULTING FROM COMMUNITY DIRECTIVES .

IN CASE 100/77
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , ARMANDO TOLEDANO-LAREDO , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,
APPLICANT ,
V
ITALIAN REPUBLIC , REPRESENTED BY ITS AMBASSADOR , ADOLFO MARESCA , ACTING AS AGENT , ASSISTED BY THE AVVOCATO DELLO STATO , ARTURO MARZANO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,
DEFENDANT ,

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER COUNCIL DIRECTIVES NOS 71/316/EEC , 71/317 / EEC , 71/318/EEC , 71/347/EEC , 71/349/EEC , 71/354 / EEC , 73/360 / EEC , 73/362/EEC AND 74/148/EEC AND COMMISSION DIRECTIVE NO 74 / 331/EEC , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES IN THE FIELD OF MEASURING INSTRUMENTS ,

1BY AN APPLICATION LODGED AT THE REGISTRY ON 2 AUGUST 1977 , THE COMMISSION BROUGHT BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY AN APPLICATION FOR A DECLARATION THAT , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIODS , THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVES NOS 71/316 , 71/317 , 71/318 , 71/347 , 71/349 , 71/354 , 73/360 , 73/362 , 74/148 AND COMMISSION DIRECTIVE NO 74/331 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES IN THE FIELD OF MEASURING INSTRUMENTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

2THESE DIRECTIVES FORM PART OF A SERIES OF PROVISIONS RELATING TO MEASURING INSTRUMENTS EXPRESSLY PROVIDED FOR IN THE GENERAL PROGRAMME FOR THE ELIMINATION OF TECHNICAL BARRIERS TO TRADE WHICH RESULT FROM DISPARITIES BETWEEN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES WHICH WAS ADOPTED BY THE COUNCIL ON 28 MAY 1969 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , SECOND SERIES , IX , P . 25 ).

3THIS GENERAL PROGRAMME WAS IMPLEMENTED BY AN OUTLINE DIRECTIVE OF THE COUNCIL , DIRECTIVE NO 71/316/EEC OF 26 JULY 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR BOTH MEASURING INSTRUMENTS AND METHODS OF METROLOGICAL CONTROL ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( II ), P . 707 ), AMENDED BY ARTICLES 29 AND 30 AND THE CORRESPONDING ANNEXES TO THE ACT CONCERNING THE CONDITIONS OF ACCESSION , WHOSE AIM WAS ESSENTIALLY TO HARMONIZE THE NATIONAL PROVISIONS RELATING TO THE CONTROL OF THOSE INSTRUMENTS AND WHICH WAS BASED ON THE FUNDAMENTAL PRINCIPLE OF MUTUAL RECOGNITION OF CONTROLS .

4WITH THIS GENERAL OBJECTIVE IN MIND , COUNCIL DIRECTIVE NO 71/317/EEC OF 26 JULY 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO 5 TO 50 KG MEDIUM ACCURACY RECTANGULAR BAR WEIGHTS AND 1 TO 10 KG MEDIUM ACCURACY CYLINDRICAL WEIGHTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( II ), P . 721 ) AND COUNCIL DIRECTIVE NO 71/318/EEC OF 26 JULY 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO GAS VOLUME METERS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( III ), P . 729 ) FIX THE TECHNICAL REQUIREMENTS FOR THE DESIGN AND FUNCTIONING , IN THE FIRST CASE OF MEDIUM ACCURACY RECTANGULAR BAR WEIGHTS AND CYLINDRICAL WEIGHTS , AND IN THE SECOND , OF GAS VOLUME METERS .

5COUNCIL DIRECTIVE NO 71/347/EEC OF 12 OCTOBER 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MEASURING OF THE STANDARD MASS PER STORAGE VOLUME OF GRAIN ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( III ), P . 852 ), AMENDED BY ARTICLE 29 AND ANNEX I TO THE ACT CONCERNING THE CONDITIONS OF ACCESSION , DEFINES A SPECIFIC CHARACTERISTIC DESIGNATED THE ' ' EEC STANDARD MASS PER STORAGE VOLUME ' ' AND LAYS DOWN THE TECHNICAL REQUIREMENTS WHICH MUST BE SATISFIED BY THE STANDARD INSTRUMENTS USED TO DETERMINE THIS REFERENCE VALUE WITHIN THE CONTEXT OF THE CONTROLS PROVIDED FOR IN DIRECTIVE NO 71/316/EEC .
6COUNCIL DIRECTIVE NO 71/349/EEC OF 12 OCTOBER 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE CALIBRATION OF THE TANKS OF VESSELS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( III ), P . 865 ) DESCRIBES THE COMMUNITY REQUIREMENTS RELATING TO THE CALIBRATION METHOD INTENDED TO ENSURE THAT THE QUANTITY OF LIQUID IN TANKS , INCLUDING THE LIQUID FUEL BUNKERS , OF INLAND WATERWAY VESSELS AND OF NATIONAL AND INTERNATIONAL COASTERS , CALIBRATED BY THIS METHOD CAN BE MEASURED AT ALL TIMES AND WITH SUFFICIENT ACCURACY .

7COUNCIL DIRECTIVE NO 71/354/EEC OF 18 OCTOBER 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO UNITS OF MEASUREMENT ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( III ), P . 878 ), AMENDED BY ARTICLE 29 AND ANNEX I TO THE ACT CONCERNING THE CONDITIONS OF ACCESSION , EMPHASIZES THE INTERDEPENDENCE OF THE RULES CONCERNING UNITS OF MEASUREMENT AND THOSE CONCERNING MEASURING INSTRUMENTS AND HARMONIZES THE NATIONAL PROVISIONS SO AS TO ENSURE HARMONIOUS APPLICATION OF EXISTING AND FUTURE COMMUNITY DIRECTIVES RELATING TO MEASURING INSTRUMENTS AND METHODS OF METROLOGICAL CONTROL .

8COUNCIL DIRECTIVE NO 73/360/EEC OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING MACHINES ( OFFICIAL JOURNAL L 335 ) FIXES THE TECHNICAL REQUIREMENTS FOR THE DESIGN AND FUNCTIONING OF THIS TYPE OF INSTRUMENT .

9COUNCIL DIRECTIVE NO 73/362/EEC OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MATERIAL MEASURES OF LENGTH ( OFFICIAL JOURNAL L 335 ) LAYS DOWN THE TECHNICAL REQUIREMENTS WHICH MUST BE FULFILLED BY MATERIAL MEASURES OF LENGTH IN ORDER THAT THEY MAY BE IMPORTED , MARKETED AND FREELY USED AFTER THEY HAVE BEEN SUBJECT TO CONTROLS AND THE MARKS AND SYMBOLS LAID DOWN HAVE BEEN AFFIXED TO THEM .

10COUNCIL DIRECTIVE NO 74/148/EEC OF 4 MARCH 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO WEIGHTS OF FROM 1 MG TO 50 KG OF ABOVE-MEDIUM ACCURACY ( OFFICIAL JOURNAL L 84 ) LAYS DOWN THE TECHNICAL SPECIFICATIONS WHICH WEIGHTS OF ABOVE-MEDIUM ACCURACY MUST SATISFY IN ORDER TO BE PUT FREELY ON THE MARKET AND INTO SERVICE , AFTER VERIFICATIONS AND AFFIXING OF THE EEC INITIAL VERIFICATION MARK .

11FINALLY , COMMISSION DIRECTIVE NO 74/331/EEC OF 12 JUNE 1974 ADAPTING TO TECHNICAL PROGRESS THE COUNCIL DIRECTIVE OF 26 JULY 1971 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO GAS VOLUME METERS ( OFFICIAL JOURNAL L 189 ) AMENDS DIRECTIVE NO 71/318/EEC IN CONSIDERATION OF THE TECHNICAL EVOLUTION IN THIS FIELD AND OF THE FACT THAT THE TEST ELEMENT OF A GAS VOLUME METER MAY PERMIT PHOTO-ELECTRIC READING OF THE NUMBER OF REVOLUTIONS EFFECTED BY THAT ELEMENT .

12THE PENULTIMATE ARTICLE OF EACH OF THE ABOVE-MENTIONED NINE COUNCIL DIRECTIVES FIXES A PERIOD OF 18 MONTHS FROM THE NOTIFICATION THEREOF WITHIN WHICH THE MEMBER STATES MUST COMPLY WITH THEIR OBLIGATIONS THEREUNDER .

13THIS PERIOD WAS FIXED AT 12 MONTHS BY THE COMMISSION DIRECTIVE .

14THE DIRECTIVES WERE NOTIFIED TO THE ITALIAN REPUBLIC ON THE FOLLOWING DATES :
- 29 JULY 1971 IN THE CASE OF DIRECTIVES NOS 71/316/EEC , 71/317/EEC AND 71/318/EEC ,
- 15 OCTOBER 1971 IN THE CASE OF DIRECTIVES NOS 71/347/EEC AND 71/349 / EEC ,
- 21 OCTOBER 1971 IN THE CASE OF DIRECTIVE NO 71/354/EEC ,
- 21 NOVEMBER 1973 IN THE CASE OF DIRECTIVES NOS 73/360/EEC AND 73/362/EEC ,
- 6 MARCH 1974 IN THE CASE OF DIRECTIVE NO 74/148/EEC
AND
- 21 JUNE 1974 IN THE CASE OF DIRECTIVE NO 74/331/EEC .
15IT FOLLOWS THAT THE PERIODS LAID DOWN FOR THE ITALIAN REPUBLIC TO COMPLY WITH THE DIRECTIVES EXPIRED BETWEEN 29 JANUARY 1973 AND 6 SEPTEMBER 1975 .
16THE COMMISSION DREW THE ATTENTION OF THE ITALIAN AUTHORITIES TO THE NEED TO ADOPT IN GOOD TIME THE MEASURES LAID DOWN BY THE DIRECTIVES ON 22 NOVEMBER 1972 , 1 FEBRUARY 1973 AND 26 FEBRUARY 1974 WITH REGARD TO THE COUNCIL DIRECTIVES ADOPTED IN 1971 ( NOS 71/316 , 71/317 , 71/318 , 71/347 , 71/349 AND 71/354 ) AND ON 19 AND 20 MARCH AND 3 JUNE 1975 WITH REGARD TO THE DIRECTIVES ADOPTED IN 1973 AND 1974 ( NOS 73/360 , 73/362 AND 74/148 ).

17ON 22 DECEMBER 1975 AND 4 JUNE 1976 THE COMMISSION DELIVERED A REASONED OPINION REQUESTING THE ITALIAN REPUBLIC TO ADOPT WITHIN ONE MONTH THE MEASURES NECESSARY FOR THE IMPLEMENTATION OF THE DIRECTIVES IN QUESTION .

18ON 22 JANUARY 1976 , THE ITALIAN GOVERNMENT INFORMED THE COMMISSION THAT DRAFT LAWS RELATING TO THE INCORPORATION OF THE ABOVE-MENTIONED DIRECTIVES INTO ITALIAN LEGISLATION HAD BEEN LAID BEFORE THE PARLIAMENT .

19ON 22 JULY 1976 IT ANNOUNCED THAT BECAUSE OF THE PREMATURE END OF THE SIXTH LEGISLATIVE PERIOD THE DRAFT LAWS LAID BEFORE THE PARLIAMENT HAD LAPSED AND REQUESTED AN EXTENSION OF THE PERIOD LAID DOWN IN THE REASONED OPINION , GIVING AN ASSURANCE THAT THE PROBLEM IN QUESTION WOULD BE RAPIDLY SETTLED .

20AS THE COMMISSION HAD RECEIVED NO OTHER INFORMATION SINCE THAT DATE IT LODGED ON 28 JULY 1977 AN APPLICATION FOR A DECLARATION THAT THE ITALIAN GOVERNMENT HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

21THE DEFENDANT , WHO DOES NOT DENY THE FAILURE TO FAILURE TO FULFIL OBLIGATIONS UNDER THE TREATY OF WHICH IT IS ACCUSED , CANNOT RELY UPON DOMESTIC DIFFICULTIES OR PROVISIONS OF ITS NATIONAL LEGAL SYSTEM , EVEN ITS CONSTITUTIONAL SYSTEM , FOR THE PURPOSE OF JUSTIFYING A FAILURE TO COMPLY WITH OBLIGATIONS AND PERIODS RESULTING FROM COMMUNITY DIRECTIVES .

22IT FOLLOWS THAT SINCE IT DID NOT PUT INTO FORCE WITHIN THE PRESCRIBED PERIODS THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVES NOS 71/316 , 71/317 , 71/318 , 71/347 , 71/349 , 71/354 , 73/360 , 73/362 AND 74/148 AND COMMISSION DIRECTIVE NO 74/331 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES IN THE FIELD OF MEASURING INSTRUMENTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

COSTS
23/25UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS , IF THEY HAVE BEEN ASKED FOR . THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS . IT IS THEREFORE NECESSARY TO ORDER IT TO PAY THE COSTS .

ON THOSE GROUNDS
THE COURT
HEREBY :
1 . DECLARES THAT , BY NOT PUTTING INTO FORCE WITHIN THE PRESCRIBED PERIOD THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH THE PROVISIONS OF COUNCIL DIRECTIVES NOS 71/316 , 71/317 , 71/318 , 71/347 , 71/349 , 71/354 , 73/360 , 73/362 AND 74/148 AND THOSE OF COMMISSION DIRECTIVE NO 74/331 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES IN THE FIELD OF MEASURING INSTRUMENTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .