Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1979/C16378.html
Cite as: [1979] EUECJ C-163/78

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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.

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 1979:I Page 00405
Portuguese special edition 1979:I Page 00403

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

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 .

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 ,

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 ),

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 .

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 .

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 .

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