61983J0254

MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - IMPERMISSIBILITY

( EEC TREATY , ART . 169 )

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 LAW .

IN CASE 254/83

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ALBERTO PROZZILLO , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY THE AVVOCATO DELLO STATO , IVO M . BRAGUGLIA , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT , BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1976 , L 339 , P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING REGULATION NO 2967/76 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1980 , L 288 , P . 13 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 14 NOVEMBER 1983 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1976 , L 339 , P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING THE ABOVE-MENTIONED COUNCIL REGULATION ( OFFICIAL JOURNAL 1980 , L 288 , P . 13 ), THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2 SINCE , DURING THE COURSE OF THE PROCEDURE , THE ITALIAN GOVERNMENT , BY A DECREE OF 12 MARCH 1984 ISSUED BY THE MINISTRY OF AGRICULTURE AND FORESTS ( GAZZETTA UFFICIALE OF 27 MARCH 1984 ), ADOPTED THE PRACTICAL CONTROL MEASURES REQUIRED BY COUNCIL REGULATION NO 2967/76 , THE COMMISSION , BY REGISTERED LETTER OF 12 JUNE 1984 , WITHDREW ITS ACTION IN SO FAR AS IT SOUGHT A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER REGULATION NO 2967/76 , CONTINUING ITS ACTION WITH RESPECT ONLY TO COMMISSION REGULATION NO 2785/80 .

3 AS ITS TITLE INDICATES , COMMISSION REGULATION NO 2785/80 LAYS DOWN THE DETAILED RULES FOR IMPLEMENTING COUNCIL REGULATION NO 2967/76 . ARTICLE 6 OBLIGES MEMBER STATES TO TAKE ALL APPROPRIATE MEASURES TO IMPOSE PENALTIES FOR ANY INFRINGEMENT OF THE COUNCIL REGULATION , AND ARTICLE 7 REQUIRES THEM TO INFORM THE OTHER MEMBER STATES AND THE COMMISSION , BEFORE 1 MARCH 1981 , OF THE PRACTICAL CONTROL METHODS ADOPTED PURSUANT TO ARTICLE 3 ( 2 ) OF THE COUNCIL REGULATION AND THE PROVISIONS ADOPTED IN ACCORDANCE WITH ARTICLE 6 OF THE COMMISSION REGULATION .

4 THE ITALIAN GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULFILLED THOSE OBLIGATIONS . IN ITS DEFENCE , IT CLAIMS THAT A DRAFT BILL HAS BEEN PREPARED FOR THE PURPOSE , IN PARTICULAR , OF DETERMINING THE BODIES WITH POWERS TO CONDUCT THE CHECKS REFERRED TO IN ARTICLE 3 OF THE COUNCIL REGULATION AND OF LAYING DOWN THE PENALTIES FOR INFRINGEMENT OF THAT REGULATION AND THE PROCEDURES FOR THE IMPOSITION THEREOF . SINCE THE MEASURES TO BE ADOPTED INVOLVE PENALTIES , THEY CANNOT , UNDER ITALIAN LAW , BE ADOPTED BY MINISTERIAL DECREE BUT ONLY IN THE FORM OF A LAW , FOR WHICH THE PREPARATORY PROCEDURE IS MORE COMPLEX .

5 THOSE CIRCUMSTANCES DO NOT HOWEVER EXPUNGE THE FAILURE 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 OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY LAW .

6 IT MUST THEREFORE BE HELD THAT , BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR IN COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

COSTS

7 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT , BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR BY COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;

2.ORDERS THE DEFENDANT TO PAY THE COSTS .