61980J0045

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO FULFIL - JUSTIFICATION - NOT PERMISSIBLE

( 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 DIRECTIVES .

IN CASE 45/80

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

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY IVO M . BRAGUGLIA , AVVOCATO DELLO STATO , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY , 5 RUE MARIE-ADELAIDE ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY BY NOT IMPLEMENTING COUNCIL DIRECTIVE 76/767/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR PRESSURE VESSELS AND METHODS OF INSPECTING THEM ( OFFICIAL JOURNAL 1976 , L 262 , P . 153 ),

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 4 FEBRUARY 1980 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT THE ITALIAN REPUBLIC , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/767/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR PRESSURE VESSELS AND METHODS OF INSPECTING THEM ( OFFICIAL JOURNAL 1976 , L 262 , P . 153 ), HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

2 PURSUANT TO ARTICLE 24 OF COUNCIL DIRECTIVE 76/767/EEC , THE MEMBER STATES WERE OBLIGED TO PUT INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NEEDED IN ORDER TO COMPLY WITH THAT DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION . THAT PERIOD EXPIRED ON 30 JANUARY 1978 .

3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THE FACT THAT IT HAS NOT FULFILLED THAT OBLIGATION . IT EXPLAINS THAT THE DELAY IN THE INCORPORATION OF THE DIRECTIVE INTO THE INTERNAL LEGAL SYSTEM ARISES FROM THE FACT THAT IT CONSIDERED IT NECESSARY TO HAVE ADOPTED BY THE ITALIAN PARLIAMENT A DRAFT LAW GIVING IT LEGISLATIVE POWERS TO ADOPT THE NECESSARY MEASURES BY WAY OF REGULATIONS . THE DRAFT LAW COULD NOT BE ADOPTED WITHIN THE DESIRED PERIOD OWING TO THE PREMATURE DISSOLUTION OF PARLIAMENT AND IT HAS AGAIN BEEN LAID BEFORE PARLIAMENT DURING THE PRESENT SESSION . THE ITALIAN GOVERNMENT THEN CLAIMS THAT , WHILST AWAITING THE APPROVAL OF THAT DRAFT LAW , WHICH SHOULD BE IMMINENT , IT PREFERRED FOR REASONS OF EXPEDIENCY AND LEGAL CERTAINTY ' ' NOT TO BRING PARTLY INTO FORCE BY ADMINISTRATIVE MEASURES CERTAIN PROVISIONS OF DIRECTIVE 76/767/EEC , THE IMPLEMENTATION OF WHICH WOULD NOT HAVE REQUIRED A LAW ' ' .

4 THOSE CIRCUMSTANCES CANNOT EXPUNGE THE FAILURE TO FULFIL ITS OBLIGATIONS 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 DIRECTIVES .

5 IT MUST THEREFORE BE HELD THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/767/EEC , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .

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 FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/767/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR PRESSURE VESSELS AND METHODS OF INSPECTING THEM ( OFFICIAL JOURNAL 1976 , L 262 , P . 153 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .