Avis juridique important

61977J0147

European Court reports 1978 Page 01307 Greek special edition Page 00393 Portuguese special edition Page 00437

Parties

IN CASE 147/77

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , CESARE MAESTRIPIERI , 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 AMBASSADOR , ADOLFO MARESCA , ACTING AS AGENT , ASSISTED BY THE VICE-AVVOCATO DELLO STATO ( DEPUTY STATE ADVOCATE ), IVO MARIO BRAGUGLIA , 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 ARTICLE 5 OF THE EEC TREATY AND THE COUNCIL DIRECTIVE OF 18 NOVEMBER 1974 ON STUNNING OF ANIMALS BEFORE SLAUGHTER ( OFFICIAL JOURNAL L 316 OF 26 NOVEMBER 1974 , P . 10 ),

Grounds

1 IN PURSUANCE OF THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY THE COMMISSION LODGED AT THE COURT REGISTRY ON 6 DECEMBER 1977 AN APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC , BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE REQUIREMENTS OF COUNCIL DIRECTIVE NO 74/577/EEC OF 18 NOVEMBER 1974 ( OFFICIAL JOURNAL L 316 , P . 19 ) ON STUNNING OF ANIMALS BEFORE SLAUGHTER , HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 5 OF THE TREATY AND UNDER THE AFOREMENTIONED DIRECTIVE .

2 THE JUDGMENT OF 6 . 6 . 1978 - CASE 147/77 COUNCIL , IN EXAMINING THE NATIONAL PROVISIONS GOVERNING THE PROTECTION OF ANIMALS , NOTED THAT THEY PRESENTED DISPARITIES OF SUCH A NATURE AS TO AFFECT DIRECTLY THE FUNCTIONING OF THE COMMON MARKET SINCE THE COSTS ARISING FROM SUCH REQUIREMENTS WERE VARIABLE FROM ONE MEMBER STATE TO ANOTHER .

3 FURTHERMORE , IT APPEARED TO THE COUNCIL THAT THE COMMUNITY SHOULD ALSO TAKE ACTION TO AVOID IN GENERAL ALL FORMS OF CRUELTY TO ANIMALS AND IT APPEARED DESIRABLE , AS A FIRST STEP , THAT SUCH ACTION SHOULD CONSIST IN LAYING DOWN CONDITIONS SUCH AS TO AVOID ALL UNNECESSARY SUFFERING ON THE PART OF ANIMALS WHEN BEING SLAUGHTERED .

4 FOR THE ABOVE REASONS THE AIM OF THE DIRECTIVE IS TO GENERALIZE THE PRACTICE OF STUNNING ANIMALS BY THE USE OF A MECHANICALLY-OPERATED INSTRUMENT , ELECTRICITY OR GAS ANAESTHESIA AND IT REQUIRES THE MEMBER STATES TO PUT SUCH PROVISIONS INTO FORCE BY 1 JULY 1975 AT THE LATEST .

5 BEFORE DELIVERING ON 5 MAY 1977 THE REASONED OPINION PROVIDED FOR BY ARTICLE 169 OF THE TREATY , THE COMMISSION , IN PURSUANCE OF THE FIRST INDENT OF ARTICLE 155 OF THE TREATY , ON SEVERAL OCCASIONS , AND IN PARTICULAR ON 12 JANUARY , 31 MARCH , 2 NOVEMBER AND 15 DECEMBER 1976 , INVITED THE ITALIAN GOVERNMENT TO NOTIFY IT OF THE FACTS AND PROVISIONS REGARDING THE INCORPORATION OF COMMUNITY STANDARDS INTO THE ITALIAN LEGAL SYSTEM .

6 THE ITALIAN GOVERNMENT , WHILST NOT CLAIMING THAT THE COMMISSION ' S APPLICATION IS UNFOUNDED , HAS STATED THAT THE PURPOSES OF DIRECTIVE NO 74/577/EEC , BOTH THOSE OF AN ECONOMIC NATURE AND THOSE HAVING AS THEIR AIM THE PROTECTION OF ANIMALS , COULD BE REALIZED BY THE APPLICATION OF ARTICLE 9 OF ROYAL DECREE NO 3298 OF 20 DECEMBER 1928 ( OFFICIAL JOURNAL OF THE KINGDOM OF ITALY NO 36 OF 12 FEBRUARY 1929 ) ADOPTING PROCEDURES WHICH MAKE IT POSSIBLE TO PRODUCE THE DEATH OF ANIMALS IN THE MOST RAPID POSSIBLE MANNER .

7 HOWEVERTHE ITALIAN GOVERNMENT HAS PRESENTED TO THE SENATE OF THE REPUBLIC ON 20 JULY 1977 A DRAFT LAW , NO 840 , WHICH HAS NOT YET BECOME THE LAW OF THE STATE .

8 IT FOLLOWS THAT BY NOT HAVING BROUGHT INTO FORCE WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVE NO 74/577/EEC ON STUNNING OF ANIMALS BEFORE SLAUGHTER THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

Decision on costs

COSTS

9 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 CONCLUSIONS .

10 THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS .

11 IT MUST THEREFORE BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS , THE COURT HEREBY :

1 . DECLARES THAT BY NOT HAVING BROUGHT INTO FORCE WITHIN THE PRESCRIBED PERIOD THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE PROVISIONS OF COUNCIL DIRECTIVE NO 74/577 OF 18 NOVEMBER 1974 ON STUNNING OF ANIMALS BEFORE SLAUGHTER THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS OPINION OF MR REISCHL - CASE 147/77