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Order of the Court of 1 May 1974. # Commission of the European Communities v Italian Republic. # Case 172-73.
ECLI:EU:C:1974:45
61973CO0172
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Avis juridique important
61973O0172
European Court reports 1974 Page 00475
Parties
IN CASE 172/73
COMMISSION OF THE EUROPEAN COMMUNITIES
V
REPUBLIC OF ITALY
Subject of the case
APPLICATION FOR A DECLARATION THAT THE REPUBLIC OF ITALY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ESTABLISHING THE EEC, ESPECIALLY ARTICLES 9, 12, 13 ( 2 ) AND 16, AND UNDER THE REGULATIONS ON THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS OR OF TRADE ARRANGEMENTS, IN CONJUNCTION WITH ARTICLE 189 OF THE SAID TREATY, BY LEVYING UNLOADING CHARGES ON GOODS IMPORTED BY SEA FROM OTHER MEMBER STATES OF THE EEC AND ON GOODS IMPORTED FROM THE SAID STATES OR EXPORTED TO THE SAID STATES BY AIR,
Grounds
ON 9 OCTOBER 1973, THE APPLICANT SUBMITTED TO THE COURT AN APPLICATION FOR A DECLARATION THAT THE REPUBLIC OF ITALY HAD FAILED TO FULFIL ITS OBLIGATIONS .
THE REPUBLIC OF ITALY, DESPITE THE PROVISIONS OF ARTICLE 40 OF THE RULES OF PROCEDURE, HAS FAILED TO LODGE ITS STATEMENT OF DEFENCE WITHIN THE TIME LIMIT PRESCRIBED, ARGUING THAT THE PROCEDURE TO AMEND THE ITALIAN LAW CONCERNED HAD NOT YET BEEN COMMENCED .
SUBSEQUENTLY, THE DEFENDANT INFORMED THE APPLICANT THAT, IN ACCORDANCE WITH THE CASE-LAW OF THE COURT AND CONFIRMED IN ITS OPINION BY THE JUDGMENT OF THE CORTE COSTITUZIONALE OF ITALY OF 27 DECEMBER 1973 DECLARING THE PRECEDENCE OF COMMUNITY LAW, THE ITALIAN GOVERNMENT HAD TAKEN MEASURES TO SUSPEND THE LEVYING OF LOADING AND UNLOADING CHARGES AND ASKED THE COMMISSION TO DISCONTINUE THE PROCEEDINGS AS THE LATTER HAD, IN ITS OPINION, BECOME DEVOID OF OBJECT FOLLOWING THESE NEW DEVELOPMENTS .
THE APPLICANT AGREED AND, IN A LETTER RECEIVED AT THE REGISTRY ON 22 MARCH 1974, DECLARED THAT IT WAS WITHDRAWING ITS ACTION . IT SUBMITTED THAT THE DEFENDANT SHOULD BE ORDERED TO BEAR THE COSTS .
THE DEFENDANT, BY TELEX RECEIVED AT THE COURT ON 10 APRIL 1974, DECLARED THAT IT HAD TAKEN FORMAL NOTICE OF THE AFOREMENTIONED LETTER OF THE APPLICANT .
Operative part
ORDERS
2 . THE DEFENDANT MUST BEAR THE COSTS .