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/1989/C32487.html
Cite as: [1989] EUECJ C-324/87

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61987J0324
Judgment of the Court of 27 April 1989.
Commission of the European Communities v Italian Republic.
Failure by a State to fulfil its obligations - Failure to transpose a directive into national law - Rules relating to health measures on the importation of fresh meat and animals of certain species.
Case 324/87.
European Court reports 1989 Page 01013
Pub.RJ Page Pub somm

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1.Measures adopted by the institutions - Directives - Implementation by the Member States - Need for full and exact implementation
( EEC Treaty, Art . 189, third paragraph )
2.Member States - Obligations - Implementation of directives - Failure - Justification - Not acceptable
( EEC Treaty, Art . 169 )

1 . The Member States are under a duty to ensure that the provisions of all directives are fully and exactly implemented ( see judgment of 18 March 1980 in Case 91/79 Commission v Italy (( 1980 )) ECR 1099 ).
2.A Member State may not rely on the provisions, practices or situations in its internal legal order to justify a failure to comply with the obligations and time-limits laid down by directives .

In Case 324/87
Commission of the European Communities, represented by Guido Berardis, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,
applicant,
v
Italian Republic, represented by Professor Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs in the Ministry of Foreign Affairs, acting as Agent, assisted by Ivo Braguglia, avvocato dello Stato, with an address for service in Luxembourg at its Embassy,
defendant,
APPLICATION for a declaration that, by failing to adopt within the prescribed period the provisions needed to comply with Council Directive 83/91 of 7 February 1983 amending Directive 72/462 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries and Directive 77/86 on the examination of trichinae upon importation from third countries of fresh meat derived from domestic swine ( Official Journal 1983, L 59, p . 34 ), the Italian Republic has failed to fulfil its obligations under the EEC Treaty,
THE COURT,
composed of : O . Due, President, T . Koopmans and F . Grévisse ( Presidents of Chambers ), G . F . Mancini, C . N . Kakouris, F . A . Schockweiler, J . C . Moitinho de Almeida, M . Díez de Velasco and M . Zuleeg, Judges,
( the grounds of the judgment are not reproduced )
hereby :

( 1)Declares that, by failing to adopt within the prescribed period provisions needed to comply with Council Directive 83/91 of 7 February 1983 amending Directive 72/462 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries and Directive 77/96 on the examination for trichinae upon importation from third countries of fresh meat derived from domestic swine, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;
( 2)Orders the Italian Republic to pay the costs .

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