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/1990/C4889.html
Cite as: [1990] EUECJ C-48/89, [1990] ECR I-2425

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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.

61989J0048
Judgment of the Court of 14 June 1990.
Commission of the European Communities v Italian Republic.
Obligation to provide the Commission with information - Non-fulfilment.
Case C-48/89.
European Court reports 1990 Page I-02425
Pub.RJ Page Pub somm

++++
Member States - Obligations - Implementation of directives - Failure - Justification - Not permissible
( EEC Treaty, Art . 169 )

As the Court has consistently held, 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 laid down in Community directives .

In Case C-48/89
Commission of the European Communities, represented by S . Fabro, 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 Luigi Ferrari Bravo, Head of the Contentious Diplomatic Affairs Department of the Ministry of Foreign Affairs, acting as Agent, assisted by P . G . Ferri, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,
defendant,
APPLICATION for a declaration, pursuant to Article 169 of the EEC Treaty, that the Italian Republic has failed to fulfil its obligations under Council Directive 75/442/EEC of 15 July 1975 on waste ( Official Journal 1975, L 194, p . 39 ), Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls ( Official Journal 1976, L 108, p . 41, and Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste ( Official Journal 1978, L 84, p . 43 ) and Article 5 of the EEC Treaty
THE COURT
composed of : O . Due, President, F . A . Schockweiler and M . Zuleeg ( Presidents of Chambers ), G . F . Mancini, R . Joliet, T . F . O' Higgins, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias and F . Grévisse, Judges,
( the grounds of the judgment are not reproduced )
hereby :

( 1 ) Declares that by failing to provide the plans and reports referred to in Articles 3(2 ) and 12 of Council Directive 75/442/EEC of 15 July 1975 on waste, Article 10 of Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls, and Articles 12(2 ) and 16 of Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste, the Italian Republic has failed to fulfil its obligations under those directives;
( 2 ) Dismisses the application in all other respects;
( 3 ) Orders the Italian Republic to pay the costs .

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