61995J0314

Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EC Treaty, Art. 169)

In Case C-314/95,

Commission of the European Communities, represented by Eugenio de March, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Umberto Leanza, Head of the Legal Department in the Ministry of Foreign Affairs, acting as Agent, assisted by Pier Giorgio Ferri, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 Rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that, by not adopting within the prescribed periods the laws, regulations and administrative provisions necessary to comply with Council Directives 92/45/EEC (OJ 1992 L 268, p. 35), 92/46/EEC (OJ 1992 L 268, p. 1), 92/65/EEC (OJ 1992 L 268, p. 54), 92/88/EEC (OJ 1992 L 321, p. 4), 92/116/EEC (OJ 1993 L 62, p. 1), 92/117/EEC (OJ 1993 L 62, p. 38) and 92/118/EEC (OJ 1993 L 62, p. 49), the Italian Republic has failed to fulfil its obligations under those directives and under the EC Treaty,

THE COURT

(Sixth Chamber),

composed of: G.F. Mancini, President of the Chamber, J.L. Murray, C.N. Kakouris (Rapporteur), G. Hirsch and H. Ragnemalm, Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

Registrar: H. von Holstein, Deputy Registrar,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 12 September 1996,

gives the following

Judgment

1 By application lodged at the Court Registry on 3 October 1995, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by not adopting within the prescribed periods the laws, regulations and administrative provisions necessary to comply with:

- Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (OJ 1992 L 268, p. 35),

- Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ 1992 L 268, p. 1),

- Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, sperm, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ 1992 L 268, p. 54),

- Council Directive 92/88/EEC of 26 October 1992 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition (OJ 1992 L 321, p. 4),

- Council Directive 92/116/EEC of 17 December 1992 amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (OJ 1993 L 62, p. 1),

- Council Directive 92/117/EEC concerning measures for protection against specific zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (OJ 1993 L 62, p. 38), and

- Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ 1993 L 62, p. 49),

the Italian Republic has failed to fulfil its obligations under those directives and under the Treaty.

2 It is clear from Article 23 of Directive 92/45, Article 32 of Directive 92/46, Article 29 of Directive 92/65, Article 3 of Directive 92/116, Article 17 of Directive 92/117 and Article 20 of Directive 92/118 that the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with those regulations in principle before 1 January 1994 and forthwith to inform the Commission thereof. The time-limit set by Article 2 of Directive 92/88 was 31 January 1993.

3 Since the Commission had not received any information concerning the transposition into Italian law of the directives in question at the end of the prescribed periods, it initiated the procedure under Article 169 of the Treaty by formal letter of 10 February 1994, requesting the Italian Government to submit its observations within two months.

4 By letter of 24 March 1994, the Italian authorities sent the Commission the text of Law No 146 of 22 February 1994 concerning the provisions relating to fulfilment of the obligations entailed by Italy's membership of the European Communities and replied that they were preparing the measures necessary to comply with the directives in question.

5 Since it received no other subsequent communication, on 22 September 1994 the Commission delivered a reasoned opinion to the Italian Government, requesting it to adopt the measures necessary to comply with the directives concerned within a period of two months.

6 By letter of 28 October 1994, the Italian authorities replied that the directives were mentioned in Law No 146. Failure to transpose them was due in part to delay in passing and publishing that Law. The transposition measures would, however, be adopted as soon as possible.

7 Since the Commission received no further information as to the transposition of the directives in question, it brought this action.

8 In its application, the Commission points out that, in accordance with Articles 5 and 189 of the EC Treaty, the Italian Republic was required to transpose the directives concerned in full within the prescribed periods. That requirement was expressly repeated in the specific provisions of each directive. Furthermore, the Court has consistently held that 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 and time-limits laid down by Community directives.

9 The Italian Republic does not challenge that requirement and declares that it is making efforts to accelerate the procedure for adopting measures to implement the directives at issue, so as to be able shortly to comply therewith.

10 Since Directives 92/45, 92/46, 92/65, 92/88, 92/116, 92/117 and 92/118 were not transposed within the prescribed periods, the action brought in this connection by the Commission must be considered to be well founded.

11 It must therefore be held that, by failing to adopt within the prescribed periods the laws, regulations and administrative provisions necessary to comply with Directives 92/45, 92/46, 92/65, 92/88, 92/116, 92/117 and 92/118, the Italian Republic has failed to fulfil its obligations under Articles 23, 32, 29, 2, 3, 17 and 20 respectively of those directives.

Costs

12 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs, if they have been applied for in the successful party's pleadings. Since the Italian Republic has been unsuccessful, it must be ordered to pay the costs.

On those grounds,

THE COURT

(Sixth Chamber)

hereby:

1. Declares that, by not adopting within the prescribed periods the laws, regulations and administrative provisions necessary to comply with:

- Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat,

- Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products,

- Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, sperm, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC,

- Council Directive 92/88/EEC of 26 October 1992 amending Directive 74/63/EEC on undesirable substances and products in animal nutrition,

- Council Directive 92/116/EEC of 17 December 1992 amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat,

- Council Directive 92/117/EEC concerning measures for protection against specific zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications,

- Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC,

the Italian Republic has failed to fulfil its obligations under Articles 23, 32, 29, 2, 3, 17 and 20 respectively of those directives.

2. Orders the Italian Republic to pay the costs.