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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> European Communities v Italian Republic (Environment and consumers) [2004] EUECJ C-302/03 (10 June 2004)
URL: http://www.bailii.org/eu/cases/EUECJ/2004/C30203.html
Cite as: [2004] EUECJ C-302/3, [2004] EUECJ C-302/03

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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.

JUDGMENT OF THE COURT (Fourth Chamber)
10 June 2004 (1)

(Failure of a Member State to fulfil its obligations -“ Directive 1999/22/EC -“ The keeping of wild animals in zoos -“ Failure to implement within the period prescribed)

In Case C-302/03,

Commission of the European Communities, represented by M. van Beek and R. Amorosi, acting as Agents, with an address for service in Luxembourg,

applicant,

v

Italian Republic, represented by I. Braguglia, acting as Agent, assisted by G. de Bellis, avvocato dello Stato, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ 1999 L 94, p. 24), or, in any event, by failing to notify those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under that directive,

THE COURT (Fourth Chamber),

composed of J.N. Cunha Rodrigues (Rapporteur), President of the Chamber, J.-P. Puissochet and K. Lenaerts,

Advocate General: M. P. Léger,
Registrar: M. R. Grass,

having regard to the Report of the Judge-Rapporteur

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1. By application lodged at the Court Registry on 14 July 2003, the Commission of the European Communities brought an action under Article 226 EC seeking a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ 1999 L 94, p. 24), or, in any event, by failing to notify those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under that directive.

The legal background
2. In accordance with the first paragraph of Article 9(1) of Directive 1999/22, the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 9 April 2002 at the latest and to inform the Commission thereof immediately.

The pre-litigation procedure
3. On 6 June 2001, having received no notification of the national measures taken to implement Directive 1999/22, the Commission, in accordance with the procedure laid down in Article 226 EC, sent a letter of formal notice to the Italian Republic requesting it to submit its observations within two months of receipt of that letter.
4. By letter of 23 October 2002, the Commission, having received no response to its letter of formal notice within the period prescribed, sent a reasoned opinion to the Italian Republic requesting it to take the measures required for compliance with Directive 1999/22 within two months of notification of that opinion.
5. Since the Italian authorities failed to reply to the reasoned opinion, the Commission, having no other information from which it could conclude that the definitive text of the provisions transposing Directive 1999/22 had been adopted, decided to bring the present action.

The failure to fulfil obligations
6. The Italian Republic does not deny its alleged failure to fulfil its obligations. It merely states that the measures implementing Directive 1999/22 are in the process of adoption.
7. According to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, inter alia, Case C-143/02 Commission v Italy [2003] ECR I-2877, paragraph 11, and Case C-446/01 Commission v Spain [2003] ECR I-6053, paragraph 15).
8. Since Directive 1999/22 has not been transposed within the period prescribed in the reasoned opinion, the action brought by the Commission must be considered well-founded.
9. Consequently, it must be held that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Directive 1999/22, the Italian Republic has failed to fulfil its obligations under that directive.

Costs
10. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party-™s pleadings. Since the Italian Republic has been unsuccessful, it must, in light of the form of order sought by the Commission, be ordered to pay the costs.



On those grounds,

THE COURT (Fourth Chamber)

hereby:
1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, the Italian Republic has failed to fulfil its obligations under that directive;
2. Orders the Italian Republic to pay the costs.

Cunha Rodrigues	Puissochet	Lenaerts

Delivered in open court in Luxembourg on 10 June 2004.

R. Grass

J. N. Cunha Rodrigues

Registrar

President of the Fourth Chamber

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1 -“ Language of the case: Italian.