Avis juridique important

61980J0171

European Court reports 1981 Page 00465

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 OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .

Parties

IN CASE 171/80

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ALBERTO PROZILLO , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

ITALIAN REPUBLIC , REPRESENTED BY ITS AGENT , ARNALDO SQUILLANTE , ASSISTED BY PIER GIORGIO FERRI , 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 UNDER THE EEC TREATY BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/769 OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS ( OFFICIAL JOURNAL 1976 L 262 , P . 201 ),

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 28 JULY 1980 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS REQUIRED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/769/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS ( OFFICIAL JOURNAL 1976 L 262 , P . 201 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE EEC TREATY .

2 BY ARTICLE 3 OF COUNCIL DIRECTIVE 76/769/EEC MEMBER STATES WERE TO BRING INTO FORCE THE MEASURES NEEDED TO COMPLY WITH IT WITHIN A PERIOD OF 18 MONTHS FROM ITS NOTIFICATION ; THAT PERIOD EXPIRED IN THIS CASE ON 2 FEBRUARY 1978 .

3 THE ITALIAN GOVERNMENT DOES NOT CONTEST THAT IT HAS NOT DISCHARGED THAT OBLIGATION . IT STATES THAT ' ' THE ACCELERATED PROCESS OF EUROPEAN INTEGRATION PLACES ON MEMBER STATES TO WHICH DIRECTIVES ARE ADDRESSED UNDER ARTICLE 189 OF THE TREATY A CONSIDERABLE NUMBER OF OBLIGATIONS CONCERNING THE ADAPTATION OF THEIR INTERNAL SYSTEMS , WHICH , AS REGARDS THE PROCEDURES TO BE GONE THROUGH FOR THE ENACTMENT OF LEGAL RULES , MAY PROVE MORE OR LESS DIFFICULT DEPENDING ON THE LEGISLATIVE PRINCIPLES IN THOSE SYSTEMS AND ON THE DEGREE OF INNOVATION REQUIRED BY THE LEGAL SYSTEM GOVERNING THE MATTER IN QUESTION ' ' . IT ADDS THAT ' ' AS COMMUNITY DIRECTIVES AFFECT RELATIONSHIPS GOVERNED BY LAW THEY MAKE IT NECESSARY TO RESORT TO LEGISLATIVE PROCEDURES THE DURATION OF WHICH IS DETERMINED BY REQUIREMENTS AND EVENTS PECULIAR TO THE PARLIAMENTARY PROCESS ' ' . IN ORDER TO ACCELERATE THE ADAPTATION OF ITS LEGAL SYSTEM IN ACCORDANCE WITH THE COMMUNITY DIRECTIVES THE ITALIAN GOVERNMENT HAS TAKEN THE STEP OF REQUESTING PARLIAMENT TO DELEGATE THE LEGISLATIVE POWERS PROVIDED FOR BY ARTICLE 76 OF THE CONSTITUTION IN ORDER TO ENACT BY MEANS OF DECREES RULES , HAVING LEGAL FORCE AND STATUS , REQUIRED TO IMPLEMENT A NUMBER OF COMMUNITY DIRECTIVES , INCLUDING THE ONE IN QUESTION . THE DELEGATION WAS APPROVED BY THE SENATE ON 16 JULY 1980 WHEN IT PASSED A SPECIAL DRAFT LAW NOW UNDER SCRUTINY BY THE CHAMBER OF DEPUTIES .

4 THOSE CIRCUMSTANCES CANNOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO WELL-ESTABLISHED CASE-LAW 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 IMPOSED BY COMMUNITY DIRECTIVES .

5 IT IS THEREFORE NECESSARY TO DECLARE THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/769/EEC OF 27 JULY 1976 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .

7 SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

HEREBY .

1 . DECLARES THAT , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/769/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS ( OFFICIAL JOURNAL 1976 L 262 , P . 201 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .