Avis juridique important

61984J0131

European Court reports 1985 Page 03531

Summary

1 . A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN COMMUNITY DIRECTIVES .

Parties

IN CASE 131/84

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , ARMANDO TOLEDANO LAREDO , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

ITALIAN REPUBLIC , REPRESENTED BY ARNALDO SQUILLANTE , ACTING AS AGENT , ASSISTED BY IVO BRAGUGLIA , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT BY NOT HAVING COMPLIED WITH THE JUDGMENT DELIVERED BY THE COURT OF JUSTICE ON 8 JUNE 1982 IN CASE 91/81 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 171 OF THE EEC TREATY ,

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 17 MAY 1984 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY NOT HAVING COMPLIED WITH THE JUDGMENT DELIVERED BY THE COURT ON 8 JUNE 1982 ( CASE 91/81 COMMISSION V ITALIAN REPUBLIC , ( 1982 ) ECR 2133 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 171 OF THE EEC TREATY .

2 IN THAT JUDGMENT , THE COURT HELD AS FOLLOWS : ' . . . BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE MEASURES NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 75/129/EEC OF 17 FEBRUARY 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COLLECTIVE REDUNDANCIES ( OFFICIAL JOURNAL 1975 , L 48 , P . 29 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ' .

3 THE COMMISSION CONSIDERS THAT , IN BREACH OF ARTICLE 171 OF THE TREATY , THE ITALIAN REPUBLIC HAS NOT TAKEN THE MEASURES REQUIRED FOR IMPLEMENTATION OF THE COURT ' S JUDGMENT . THEREFORE , AFTER AN EXCHANGE OF LETTERS WITH THE ITALIAN GOVERNMENT , ON 28 FEBRUARY 1984 IT DELIVERED A REASONED OPINION UNDER THE FIRST PARAGRAPH OF ARTICLE 169 OF THE TREATY . SINCE THAT OPINION WAS NOT ACTED UPON , THE COMMISSION BROUGHT THE PRESENT ACTION .

4 THE COMMISSION CLAIMS THAT , BY NOT TAKING THE MEASURES NECESSARY FOR IMPLEMENTATION OF THE ABOVEMENTIONED JUDGMENT , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS . IT CONSIDERS THAT ALTHOUGH ARTICLE 171 DOES NOT LAY DOWN A MANDATORY PERIOD WITHIN WHICH A MEMBER STATE MUST TAKE THE MEASURES REQUIRED FOR COMPLIANCE WITH JUDGMENTS OF THE COURT , IT SHOULD BE TAKEN TO MEAN THAT THOSE MEASURES MUST BE ADOPTED AS SOON AS POSSIBLE . IN ITS ORDER OF 28 MARCH 1980 ( JOINED CASES 24 AND 97/80 R COMMISSION V FRENCH REPUBLIC , ( 1980 ) ECR 1319 ), THE COURT STATED THAT BY REASON SOLELY OF THE JUDGMENT DECLARING THE MEMBER STATE TO BE IN DEFAULT , THE STATE CONCERNED IS REQUIRED TO TAKE THE NECESSARY MEASURES TO REMEDY ITS DEFAULT AND MAY NOT CREATE ANY IMPEDIMENT WHATSOEVER .

5 THE ITALIAN REPUBLIC CONTENDS THAT DIRECTIVE 75/129 HAS NOT YET BEEN FULLY IMPLEMENTED FOR OBJECTIVE REASONS . IN ITALY ' S PRESENT SOCIAL AND ECONOMIC SITUATION , LEGISLATIVE ACTIVITY MUST BE DIRECTED PRIMARILY TOWARDS MAINTAINING THE LEVEL OF EMPLOYMENT AND IT WOULD BE INAPPROPRIATE TO ADOPT RULES CONCERNING COLLECTIVE REDUNDANCIES AT A TIME WHEN THERE IS AN EMERGENCY WHICH MUST BE DEALT WITH IN ORDER TO SAFEGUARD EMPLOYMENT .

6 IT HAS BEEN CONSISTENTLY HELD BY THE COURT THAT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL LEGAL SYSTEM IN ORDER TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS LAID DOWN IN DIRECTIVES . ACCORDING TO DIRECTIVE 75/129 , THE MEASURES SHOULD HAVE BEEN ADOPTED BY 19 FEBRUARY 1977 . IN ITS JUDGMENT OF 8 JUNE 1982 THE COURT HELD THAT BY FAILING FULLY TO IMPLEMENT THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD , THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

7 ARTICLE 171 OF THE EEC TREATY DOES NOT LAY DOWN A TIME-LIMIT WITHIN WHICH A JUDGMENT MUST BE COMPLIED WITH . HOWEVER , IT IS WELL ESTABLISHED THAT THE IMPLEMENTATION OF A JUDGMENT MUST BE COMMENCED IMMEDIATELY AND MUST BE COMPLETED AS SOON AS POSSIBLE . IN THE PRESENT CASE , THERE HAS BEEN UNREASONABLE DELAY .

8 IN VIEW OF ALL THE FOREGOING CONSIDERATIONS , IT MUST BE STATED THAT BY NOT HAVING COMPLIED WITH THE JUDGMENT DELIVERED BY THE COURT ON 8 JUNE 1982 ( CASE 91/81 COMMISSION V ITALIAN REPUBLIC ( 1982 ) ECR 2133 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 171 OF THE EEC TREATY .

Decision on costs

COSTS

9 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE ITALIAN REPUBLIC HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

HEREBY :

( 1 ) DECLARES THAT BY NOT HAVING COMPLIED WITH THE JUDGMENT DELIVERED BY THE COURT OF JUSTICE ON 8 JUNE 1982 IN CASE 91/81 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 171 OF THE EEC TREATY ;

( 2)ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .