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URL: http://www.bailii.org/eu/cases/EUECJ/1987/C36585.html
Cite as: [1987] EUECJ C-365/85

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61985J0365
Judgment of the Court of 15 January 1987.
Commission of the European Communities v Italian Republic.
Failure to adopt within the prescribed period the implementing measures provided for in directives on the marketing of straight feedingstuffs).
Case 365/85.
European Court reports 1987 Page 00259

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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 FULFIL ITS OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

IN CASE 365/85
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, ALBERTO PROZZILLO, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGE KREMLIS, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY LUIGI FERRARI BRAVO, HEAD OF THE DEPARTMENT FOR DIPLOMATIC LEGAL AFFAIRS, ACTING AS AGENT, REPRESENTED BY IVO BRAGUGLIA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
APPLICATION FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVES 77/101, 79/372, 79/797 AND 80/510 ON THE MARKETING OF STRAIGHT FEEDINGSTUFFS ( OFFICIAL JOURNALS L*32 OF 3 FEBRUARY 1977, P.*1, L*86 OF 6 APRIL 1979, P.*29, L*239 OF 22 SEPTEMBER 1979, P.*53, AND L*126 OF 21 MAY 1980, P.*12 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,
THE COURT
COMPOSED OF : C . KAKOURIS, PRESIDENT OF CHAMBER, ACTING AS PRESIDENT, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, T . KOOPMANS, K . BAHLMANN AND G . C . RODRIGUEZ IGLESIAS, JUDGES,
ADVOCATE GENERAL : M . DARMON
REGISTRAR : P . HEIM
HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 1 OCTOBER 1986,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 1 OCTOBER 1986,
GIVES THE FOLLOWING
JUDGMENT

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 25 NOVEMBER 1985 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 77/101 OF 23 NOVEMBER 1976 ON THE MARKETING OF STRAIGHT FEEDINGSTUFFS ( OFFICIAL JOURNAL 1977, L*32, P.*1 ), COUNCIL DIRECTIVE 79/372 OF 2 APRIL 1979 AMENDING DIRECTIVE 77/101 ( OFFICIAL JOURNAL 1979, L*86, P.*29 ), COMMISSION DIRECTIVE 79/797 OF 10 AUGUST 1979 AMENDING THE ANNEX TO DIRECTIVE 77/101 ( OFFICIAL JOURNAL 1979, L*239, P.*53 ) AND COMMISSION DIRECTIVE 80/510 OF 2 MAY 1980 AMENDING THE ANNEX TO DIRECTIVE 77/101 ( OFFICIAL JOURNAL 1980, L*126, P.*12 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 THE OBJECTIVE OF DIRECTIVE 77/101 WAS TO HARMONIZE THE NATIONAL LAWS OF THE MEMBER STATES CONCERNING THE MARKETING OF STRAIGHT FEEDINGSTUFFS . THE DIRECTIVE ITSELF WAS AMENDED BY COUNCIL DIRECTIVE 79/372 OF 2 APRIL 1979 AND ITS ANNEX BY THE AFORESAID DIRECTIVES 79/797 AND 80/510 . THE AMENDING DIRECTIVES PROVIDE THAT THE MEMBER STATES SHOULD ADOPT THE NECESSARY IMPLEMENTING PROVISIONS NO LATER THAN 1 JANUARY 1981 AND THAT THEY SHOULD FORTHWITH INFORM THE COMMISSION THEREOF .
3 SINCE THE COMMISSION HAD RECEIVED NO NOTICE WITHIN THE PRESCRIBED PERIOD FROM THE ITALIAN GOVERNMENT THAT IMPLEMENTING PROVISIONS HAD BEEN ADOPTED AND HAD NOT RECEIVED ANY OTHER INFORMATION TO THAT EFFECT, IT INITIATED THE PROCEDURE UNDER ARTICLE 169 OF THE EEC TREATY . BY LETTER DATED 22 DECEMBER 1983 IT DREW ATTENTION TO THE INFRINGEMENT AND REQUESTED THE ITALIAN GOVERNMENT TO SUBMIT ITS OBSERVATIONS WITHIN A PERIOD OF TWO MONTHS . THE ITALIAN AUTHORITIES REPLIED BY LETTER DATED 22 MARCH 1984 . ON 7 JUNE 1985 THE COMMISSION DELIVERED A REASONED OPINION, WHICH REMAINED UNANSWERED . IN THOSE CIRCUMSTANCES THE COMMISSION BROUGHT THE PRESENT ACTION .
4 IN ITS DEFENCE THE ITALIAN GOVERNMENT DID NOT DENY THE INFRINGEMENT WITH WHICH IT WAS CHARGED . HOWEVER, IT OBSERVED THAT IMPLEMENTATION OF THE DIRECTIVES IN NATIONAL LAW REQUIRED THE ADOPTION OF LEGISLATIVE MEASURES WHICH WERE DIFFICULT TO DRAFT OWING TO THE COMPLEXITY OF THE MATTER . IT CLAIMED THAT A BILL TO IMPLEMENT THE DIRECTIVES WAS IN PREPARATION AND THAT THE PROCEDURE SHOULD BE COMPLETED WITHIN A RELATIVELY SHORT PERIOD .
5 THE COMMISSION TOOK THE VIEW THAT THE INFRINGEMENT WAS SUFFICIENTLY ESTABLISHED BY THE STATEMENT MADE BY THE ITALIAN GOVERNMENT IN ITS DEFENCE AND WAIVED ITS RIGHT TO SUBMIT A REPLY .
6 AT THE HEARING THE ITALIAN GOVERNMENT STATED THAT AN ENABLING LAW, WHICH WOULD ALLOW THE GOVERNMENT TO TAKE BY PRESIDENTIAL DECREE MEASURES TO IMPLEMENT THE DIRECTIVES IN QUESTION AND THOSE RELATING TO COMPOUND FEEDINGSTUFFS, WAS AT PRESENT BEFORE THE ITALIAN SENATE, BUT IT WAS NOT IN A POSITION TO SAY WHEN THE LEGISLATIVE PROCEDURE WOULD BE COMPLETED .
7 THOSE CIRCUMSTANCES DO NOT EXPUNGE THE INFRINGEMENT WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT A MEMBER STATE MAY NOT PLEAD PROVISIONS, PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO FULFIL ITS OBLIGATIONS UNDER COMMUNITY DIRECTIVES .
8 ACCORDINGLY, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVES 77/101, 79/372, 79/797 AND 80/510, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

COSTS
9 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS, 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 necessary to comply with Council Directive 77/101 of 23 November 1976 on the marketing of straight feedingstuffs ( Official Journal 1977, L*32, p.*1 ), Council Directive 79/372 of 2 April 1979 amending Directive 77/101 ( Official Journal 1979, L*86, p.*29 ), Commission Directive 79/797 of 10 August 1979 amending the annex to Directive 77/101 ( Official Journal 1979, L*239, p.*53 ) and Commission Directive 80/510 of 2 May 1980 amending the annex to Directive 77/101 ( Official Journal 1980, L*126, p.*12 ), the Italian Republic has failed to fulfil its obligations under the EEC Treaty;
( 2 ) Orders the Italian Republic to pay the costs .