Avis juridique important

61978J0163

European Court reports 1979 Page 00771 Greek special edition Page 00405 Portuguese special edition Page 00403

Summary

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 UNDER COMMUNITY DIRECTIVES .

Parties

IN CASE 163/78 COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG , APPLICANT , V ITALIAN REPUBLIC , REPRESENTED BY ADOLFO MARESCA , AMBASSADOR , ACTING AS AGENT , ASSISTED BY ARTURO MARZANO , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY, DEFENDANT,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS ARISING UNDER COUNCIL DIRECTIVE NO 75/324/EEC OF 20 MAY 1975 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO AEROSOL DISPENSERS ( OFFICIAL JOURNAL L 147 , P . 40 ),

Grounds

1 BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 28 JULY 1978 , THE COMMISSION , IN PURSUANCE OF ARTICLE 169 OF THE EEC TREATY , APPLIED TO THE COURT FOR A DECLARATION THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO AEROSOL DISPENSERS ( OFFICIAL JOURNAL L 147 , P . 40 ) THE ITALIAN REPUBLIC HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY.

2 UNDER ARTICLE 11 OF THE DIRECTIVE THE MEMBER STATES WERE TO BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION , A PERIOD WHICH IN THIS CASE EXPIRED ON 21 NOVEMBER 1976.

3 THE DEFENDANT DOES NOT CONTEST THE ALLEGED FAILURE.

4 THE DEFENDANT HAS MERELY STATED THAT THE DELAY IN BRINGING THE DIRECTIVE IN QUESTION INTO FORCE WAS DUE , ON THE ONE HAND , TO THE NECESSITY OF ADOPTING A LEGISLATIVE MEASURE AND , ON THE OTHER HAND , TO THE FACT THAT THE ACTUAL SUBJECT-MATTER OF THE DIRECTIVE REQUIRED PRIOR CONSULTATION WITH VARIOUS COMPETENT ADMINISTRATIVE AUTHORITIES.

5 IT MUST BE REMEMBERED THAT 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 IMPOSED BY COMMUNITY DIRECTIVES.

6 IT MUST ACCORDINGLY BE DECLARED THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY.

Decision on costs

COSTS

7 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING.

8 THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE BE ORDERED TO PAY THE COSTS.

Operative part

ON THOSE GROUNDS , THE COURT HEREBY :

1 . RULES THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY ;