61988J0246

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Member States - Obligations - Compliance with directives - Failure to fulfil obligations - Justification - Not acceptable

(EAEC Treaty, Art. 141)

As the Court has consistently held, a Member State may not rely on provisions, practices or circumstances in its internal legal system to justify its failure to comply with obligations and time-limits laid down in Community directives.

In Case C-246/88,

Commission of the European Communities, initially represented by Sergio Fabro, later by Antonio Aresu, both members of its Legal Department, acting as Agents, with an address of service in Luxembourg at the office of Guido Berardis, a member of its Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Luigi Ferrari Bravo, 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 of service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that the Italian Republic has failed to fulfil its obligations under Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (Official Journal L 246, p. 1) and Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom (Official Journal L 265, p. 4),

THE COURT,

composed of O. Due, President, G.F. Mancini and J.C. Moitinho de Almeida (Presidents of Chambers), C.N. Kakouris, F.A. Schockweiler, F. Grévisse and M. Zuleeg, Judges,

(The grounds of the judgment are not reproduced.)

hereby:

(1) Declares that, by failing to adopt within the prescribed time-limits the provisions necessary to comply with Council Directive 80/836/Euratom of 15 July 1980 amending the directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation and Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/836/Euratom, the Italian Republic has failed to fulfil its obligations under the EAEC Treaty;

(2) Orders the Italian Republic to pay the costs.