61977J0069

IN CASE 69/77

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , ANTONINO ABATE , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY ITS AMBASSADOR ADOLFO MARESCA , ACTING AS AGENT , ASSISTENT BY IVO MARIA BRAGUGLIA , DEPUTY STATE ADVOCATE , WITH AN ADDRESS FOR SERVICE AT THE ITALIAN EMBASSY ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC , BY NOT BRINGING INTO FORCE WITHIN THE PRESCRIBED PERIODS THE REQUISITE PROVISIONS TO COMPLY WITH A NUMBER OF DIRECTIVES OF THE COUNCIL ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO WHEELED AGRICULTURAL OR FORESTRY TRACTORS , HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,

1THE COMMISSION BY AN APPLICATION DATED 6 JUNE 1977 HAS BROUGHT AN ACTION , IN PURSUANCE OF ARTICLE 169 OF THE EEC TREATY , FOR A DECLARATION THAT THE ITALIAN REPUBLIC , BY NEGLECTING TO ADOPT WITHIN THE PRESCRIBED PERIODS THE NECESSARY PROVISIONS TO COMPLY WITH COUNCIL DIRECTIVES NOS 74/150 , 74/151 , 74/152 OF 4 MARCH 1973 AND NOS 74/346 AND 74/347 OF 25 JUNE 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO WHEELED AGRICULTURAL OR FORESTRY TRACTORS ( OFFICIAL JOURNAL L 84 OF 28 MARCH 1974 , PP . 10 , 25 AND 33 AND L 191 OF 15 JULY 1974 , PP . 1 AND 5 RESPECTIVELY ), HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2THE GOVERNMENT OF THE ITALIAN REPUBLIC SUBMITS THAT THE DELAY IN GIVING EFFECT TO THE DIRECTIVES IN QUESTION IS DUE TO AN OBJECTIVE DIFFICULTY AND NOT TO AN INTENTION TO DELAY THE APPROXIMATION OF NATIONAL LAWS IN THIS SECTOR .

3THESE DIFFICULTIES ARE SAID TO BE DERIVED FROM THE FACT THAT , ON THE ONE HAND , THE SUBJECT-MATTER OF THE DIRECTIVES UNDER THE NATIONAL LEGAL SYSTEM IS THE RESPONSIBILITY OF SEVERAL MINISTRIES AND THAT , ON THE OTHER HAND , THE PASSING OF THE DRAFT LAW BY PARLIAMENT FOR THE PURPOSE OF GIVING EFFECT TO OUTLINE DIRECTIVE NO 74/150 WAS DELAYED BY THE PREMATURE END OF THE LEGISLATIVE SESSION .

4FINALLY IT IS STATED THAT EVEN IN THE ABSENCE OF ANY IMPLEMENTING MEASURES FOR GIVING EFFECT TO THE DIRECTIVES IN QUESTION IT HAS BEEN IMPOSSIBLE TO ESTABLISH ANY SUBSTANTIAL INFRINGEMENT OF THE PRINCIPLE OF THE FREE MOVEMENT AND MARKETING OF THE PRODUCTS IN QUESTION .

5THE ITALIAN GOVERNMENT IN ITS REJOINDER DISCLOSED THAT IN THE MEANTIME THE DRAFT LAW IN QUESTION HAD BEEN ADOPTED AND THAT LAW NO 572 OF 8 AUGUST 1977 , PUBLISHED IN THE GAZZETTA UFFICIALE OF THE ITALIAN REPUBLIC OF 25 AUGUST 1977 , HAD GIVEN EFFECT WITHIN THE ITALIAN LEGAL SYSTEM TO THE OUTLINE DIRECTIVE NO 74/150 AND AT THE SAME TIME BROUGHT INTO FORCE ENABLING PROVISIONS AS A BASIS FOR THE IMPLEMENTATION OF THE SPECIAL DIRECTIVES BY DECREES OF THE PRESIDENT OF THE REPUBLIC .

6IT IS THUS CLAIMED THAT THE SUBJECT-MATTER OF THE ACTION HAS CEASED TO EXIST AS FAR AS CONCERNS THE MOST SERIOUS OF THE INFRINGEMENTS ALLEGED BY THE COMMISSION , NAMELY THE FAILURE TO INCORPORATE OUTLINE DIRECTIVE NO 74/150 .

7IT IS APPROPRIATE TO RECORD THAT THE BRINGING INTO FORCE OF LAW NO 572 HAS ELIMINATED THE SUBSTANCE OF THE DEFAULT AND HAS FURTHERMORE CREATED A BASIS FOR THE IMPLEMENTATION OF THE SPECIAL DIRECTIVES BY ADMINISTRATIVE MEASURES ; NEVERTHELESS THE FACT REMAINS THAT THE PERIOD OF 18 MONTHS LAID DOWN BY ARTICLE 15 OF OUTLINE DIRECTIVE NO 74/150 HAS BEEN EXCEEDED AND THAT THE FOUR IMPLEMENTING DIRECTIVES HAVE STILL NOT BEEN ADOPTED IN THE ITALIAN REPUBLIC .

8IT FOLLOWS THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

COSTS

9UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

10THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS .

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT THE ITALIAN REPUBLIC , BY NEGLECTING TO BRING INTO FORCE WITHIN THE PRESCRIBED PERIODS THE NECESSARY PROVISIONS FOR GIVING EFFECT TO COUNCIL DIRECTIVES NO 74/150 OF 4 MARCH 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE TYPE- APPROVAL OF WHEELED AGRICULTURAL OR FORESTRY TRACTORS , NO 74/151 OF 4 MARCH 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO CERTAIN PARTS AND CHARACTERISTICS OF WHEELED AGRICULTURAL OR FORESTRY TRACTORS , NO 74/152 OF 4 MARCH 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MAXIMUM DESIGN SPEED OF AND LOAD PLATFORMS FOR WHEELED AGRICULTURAL OR FORESTRY TRACTORS NO 74/346 OF 25 JUNE 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO REAR-VIEW MIRRORS FOR WHEELED AGRICULTURAL OR FORESTRY TRACTORS AND NO 74/347 OF 25 JUNE 1974 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE FIELD OF VISION AND WINDSCREEN WIPERS FOR WHEELED AGRICULTURAL OR FORESTRY TRACTORS , HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

2 . ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .