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/1980/C4380.html
Cite as: [1980] EUECJ C-43/80

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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.

61980J0043
Judgment of the Court of 2 December 1980.
Commission of the European Communities v Italian Republic.
Failure of a State to fulfil its obligations - Implementation of a directive.
Case 43/80.
European Court reports 1980 Page 03643
Greek special edition 1980:III Page 00443

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

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 OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

IN CASE 43/80
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF THE LEGAL DEPARTMENT OF THE COMMISSION , 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 IVO M . BRAGUGLIA , AVVOCATO DELLO STATO , ACTING AS AGENT , 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 THE TREATY BY NOT IMPLEMENTING IN GOOD TIME COMMISSION DIRECTIVE NO 76/696/EEC OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS COUNCIL 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 1976 , L 236 , P . 26 ),

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 1 FEBRUARY 1980 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS THE COUNCIL DIRECTIVE OF 19 NOVEMBER 1973 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING MACHINES ( OFFICIAL JOURNAL L 236 , P . 26 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY .

2 BY ARTICLE 2 OF THAT DIRECTIVE MEMBER STATES WERE REQUIRED TO PUT INTO EFFECT THE MEASURES NEEDED TO COMPLY THEREWITH WITHIN A PERIOD OF ONE YEAR FROM THE DATE OF NOTIFICATION THEREOF ; THAT PERIOD EXPIRED ON 30 JULY 1977 .
3 THE ITALIAN REPUBLIC DOES NOT DENY THAT IT HAS NOT MET THAT OBLIGATION . IT STATES THAT THE DELAY IN IMPLEMENTING THE DIRECTIVE WAS AT FIRST DUE TO THE FACT THAT A DRAFT LAW SUBMITTED FOR THAT PURPOSE HAD LAPSED OWING TO THE DISSOLUTION OF PARLIAMENT AND THAT IT WAS LATER DUE TO THE FACT THAT A DRAFT LAW REQUESTING STATUTORY AUTHORIZATION FOR THE ADOPTION INTO THE ITALIAN LEGAL SYSTEM OF A NUMBER OF DIRECTIVES , THOUGH APPROVED BY THE SENATE ON 16 JULY 1980 , WAS STILL UNDER SCRUTINY BY THE CHAMBER OF DEPUTIES .

4 THOSE CIRCUMSTANCES DO NOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO WELL-ESTABLISHED CASE-LAW , 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 OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

5 IT MUST THEREFORE BE DECLARED THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COMMISSION DIRECTIVE NO 76/696 OF 27 JULY 1976 ADAPTING TO TECHNICAL PROGRESS COUNCIL 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 236 , P . 26 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .

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