61982J0273

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE - JUSTIFICATION BASED ON INTERNAL LEGAL SYSTEM - NOT PERMISSIBLE

( EEC TREATY , ART . 169 AND THIRD PARA . OF ART . 189 )

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY LAW .

IN CASE 273/82

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 ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , IN THE PERSON OF ITS AGENT , A . SQUILLANTE , HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC LEGAL AFFAIRS , TREATIES AND LEGISLATIVE MATTERS , REPRESENTED AND ASSISTED BY PIER GIORGIO FERRI , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY , 5 RUE MARIE-ADELAIDE ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 77/796/EEC OF 12 DECEMBER 1977 AIMING AT THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES , AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS FOR GOODS HAULAGE OPERATORS AND ROAD PASSENGER TRANSPORT OPERATORS , INCLUDING MEASURES INTENDED TO ENCOURAGE THOSE OPERATORS EFFECTIVELY TO EXERCISE THEIR RIGHT TO FREEDOM OF ESTABLISHMENT ( OFFICIAL JOURNAL 1977 , L 334 , P . 37 ), HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 6 OCTOBER 1982 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION PURSUANT TO ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE MEASURES NECESSARY TO COMPLY WITH DIRECTIVE 77/796/EEC OF THE COUNCIL OF 12 DECEMBER 1977 AIMING AT THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS FOR GOODS HAULAGE OPERATORS AND ROAD PASSENGER TRANSPORT OPERATORS , INCLUDING MEASURES INTENDED TO ENCOURAGE THESE OPERATORS EFFECTIVELY TO EXERCISE THEIR RIGHT TO FREEDOM OF ESTABLISHMENT ( OFFICIAL JOURNAL 1977 , L 334 , P . 37 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2 BY VIRTUE OF ARTICLE 7 ( 1 ) OF THAT DIRECTIVE THE MEMBER STATES HAD TO BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THE DIRECTIVE BEFORE 1 JANUARY 1979 .

3 THE ITALIAN GOVERNMENT STATES THAT IT HAS BEEN AT PAINS TO INITIATE THE LEGISLATIVE PROCEDURE FOR THE ADOPTION OF THE MEASURES NECESSARY TO IMPLEMENT THE DIRECTIVE BUT NEVERTHELESS DOES NOT DENY THAT IT HAS NOT SATISFIED THE OBLIGATION TO IMPLEMENT THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD .

4 IN PARTICULAR THE ITALIAN GOVERNMENT EXPLAINS THAT IT HAD TO PREPARE AND SUBMIT TO PARLIAMENT A DRAFT LAW CONTAINING THE APPROPRIATE PROVISIONS TO GIVE EFFECT TO THE PART OF THE DIRECTIVE CONCERNING DIPLOMAS AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS FOR GOODS HAULAGE OPERATORS , THAT THE DRAFT LAW HAS BEEN APPROVED BY THE 10TH COMMITTEE OF THE CHAMBER OF DEPUTIES AND FOR THE LEGISLATIVE PROCEDURE TO BE COMPLETE THE DRAFT LAW NEEDS ONLY TO HAVE THE APPROVAL OF THE SENATE WHICH MAY BE GIVEN VERY SHORTLY .

5 AS REGARDS THE IMPLEMENTATION OF THE PART OF THE DIRECTIVE RELATING TO ROAD PASSENGER TRANSPORT OPERATORS THE ITALIAN GOVERNMENT STATES THAT ANOTHER DRAFT LAW IS IN PREPARATION .

6 THOSE CIRCUMSTANCES DO NOT EXPUNGE THE FAILURE TO FULFIL ONE OF ITS OBLIGATIONS WITH WHICH THE ITALIAN REPUBLIC IS CHARGED . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT , A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

7 THE COURT MUST THEREFORE DECLARE THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 77/796/EEC OF 12 DECEMBER 1977 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

COSTS

8 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 .

THE COURT

HEREBY :

1 . DECLARES THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 77/796/EEC OF 12 DECEMBER 1977 AIMING AT THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS FOR GOODS HAULAGE OPERATORS AND ROAD PASSENGER TRANSPORT OPERATORS , INCLUDING MEASURES INTENDED TO ENCOURAGE THESE OPERATORS EFFECTIVELY TO EXERCISE THEIR RIGHT TO FREEDOM OF ESTABLISHMENT , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;

2.ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .