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Opinion of Mr Advocate General Jacobs delivered on 13 April 1994. # Commission of the European Communities v Italian Republic. # Failure to fulfil obligations - Directive 90/486/EEC - concerning electrically-operated lifts - Failure to transpose. # Case C-303/93.
ECLI:EU:C:1994:131
61993CC0303
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Important legal notice
61993C0303
European Court reports 1994 Page I-01901
Opinion of the Advocate-General
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My Lords,
2. Article 2 of Directive 90/486 provides:
"1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this directive during the six months following its notification. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive."
The directive was notified to the Member States on 24 September 1990. Therefore the time-limit for implementing it expired on 24 March 1991.
5. Having received no response from the Italian Government, the Commission lodged an application at the Court on 28 May 1993.
7. According to the settled case-law of the Court, a Member State may not plead provisions, practices or circumstances existing in its internal system in order to justify a failure to comply with obligations and time-limits resulting from Community directives. (3)
Conclusion
(1) declare that, by failing to adopt within the period prescribed the provisions necessary to ensure the implementation of Council Directive 90/486/EEC of 17 September 1990, the Republic of Italy has failed to fulfil its obligations under the Treaty;
(2) order the Republic of Italy to pay the costs.
(*) Original language: English.
(1) - OJ 1990 L 270, p. 21.
(2) - OJ 1984 L 300, p. 86.
(3) - See, for example, Case 52/75 Commission v Italy [1976] ECR 277; Case 91/79 Commission v Italy [1980] ECR 1099.
(4) - See the judgment of today' s date in Case C-313/93 Commission v Luxembourg, paragraph 10.