61985J0361

++++

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - 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 .

THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .

IN CASE 361/85

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

APPLICANT,

V

ITALIAN REPUBLIC, REPRESENTED BY PROFESSOR LUIGI FERRARI BRAVO, THE HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC LEGAL AFFAIRS, TREATIES AND LEGISLATIVE MATTERS IN THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, ASSISTED BY IVO BRAGUGLIA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVES 79/373/EEC, 80/509/EEC, 80/511/EEC AND 80/695/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, T . F . O' HIGGINS AND F . SCHOCKWEILER, PRESIDENTS OF CHAMBERS, U . EVERLING, K . BAHLMANN, R . JOLIET AND J . C . MOITINHO DE ALMEIDA, JUDGES,

ADVOCATE GENERAL : M . DARMON

REGISTRAR : D . LOUTERMAN, ADMINISTRATOR, ACTING FOR THE REGISTRAR

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 14 JANUARY 1987,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 14 JANUARY 1987,

GIVES THE FOLLOWING

JUDGMENT

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 25 NOVEMBER 1985 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION, PURSUANT TO ARTICLE 169 OF THE EEC TREATY, FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVES 79/373/EEC, 80/509/EEC, 80/511/EEC AND 80/695/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 THE DIRECTIVES IN QUESTION ARE AS FOLLOWS :

COUNCIL DIRECTIVE 79/373/EEC OF 2 APRIL 1979 ON THE MARKETING OF COMPOUND FEEDINGSTUFFS ( OFFICIAL JOURNAL 1979, L*86, P.*30 ),

COMMISSION DIRECTIVE 80/509/EEC OF 2 MAY 1980 AMENDING THE ANNEX TO COUNCIL DIRECTIVE 79/373/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS ( OFFICIAL JOURNAL 1980, L*126, P.*9 ),

COMMISSION DIRECTIVE 80/511/EEC OF 2 MAY 1980 AUTHORIZING, IN CERTAIN CASES, THE MARKETING OF COMPOUND FEEDINGSTUFFS IN UNSEALED PACKAGES OR CONTAINERS ( OFFICIAL JOURNAL 1980, L*126, P.*14 ),

COMMISSION DIRECTIVE 80/695/EEC OF 27 JUNE 1980 AMENDING THE ANNEX TO COUNCIL DIRECTIVE 79/373/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS ( OFFICIAL JOURNAL 1980, L*188, P.*23 ).

3 ARTICLE 16 OF DIRECTIVE 79/373 AND ARTICLE 2 OF DIRECTIVE 80/509, DIRECTIVE 80/511 AND DIRECTIVE 80/695 PROVIDE THAT THE MEMBER STATES ARE TO BRING INTO FORCE THE NECESSARY LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS TO ENABLE THEM TO COMPLY WITH EACH DIRECTIVE WITH EFFECT FROM 1 JANUARY 1981 AND ARE TO INFORM THE COMMISSION THEREOF FORTHWITH .

4 SINCE IT RECEIVED NO COMMUNICATION FROM THE ITALIAN GOVERNMENT CONCERNING MEASURES TAKEN TO TRANSPOSE THE DIRECTIVES INTO NATIONAL LAW, THE COMMISSION SENT IT FORMAL NOTICE IN A LETTER DATED 22 DECEMBER 1983 IN WHICH IT ASKED THE ITALIAN GOVERNMENT TO SUBMIT ITS OBSERVATIONS . HAVING DELIVERED A REASONED OPINION ON 7 JUNE 1985 TO WHICH IT RECEIVED NO REPLY, THE COMMISSION BROUGHT THIS ACTION .

5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER DESCRIPTION OF THE FACTS, THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .

6 THE ITALIAN REPUBLIC DOES NOT DENY THE INFRINGEMENT WITH WHICH IT IS CHARGED . HOWEVER, IT STATES THAT THE TRANSPOSITION INTO NATIONAL LAW OF THE DIRECTIVES IN QUESTION REQUIRES THE ADOPTION OF LEGISLATIVE MEASURES WHICH ARE DIFFICULT TO DRAFT OWING TO THE COMPLEXITY OF THE SUBJECT-MATTER . IN ANY EVENT, A BILL HAS BEEN DRAWN UP WITH A VIEW TO TRANSPOSING THE DIRECTIVES IN QUESTION INTO NATIONAL LAW AND IT TRUSTS THAT THE LEGISLATION CAN BE ENACTED WITHIN A RELATIVELY SHORT PERIOD .

7 IT IS APPROPRIATE TO POINT OUT THAT, ACCORDING TO WELL-ESTABLISHED CASE-LAW OF THE COURT, 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 .

8 FURTHERMORE, AS THE COURT STATED IN ITS JUDGMENT OF 12 OCTOBER 1982 ( CASE 136/81 COMMISSION V ITALIAN REPUBLIC (( 1982 )) ECR 3547 ), THE GOVERNMENTS OF THE MEMBER STATES PARTICIPATE IN THE PREPARATORY WORK FOR DIRECTIVES AND MUST THEREFORE BE IN A POSITION TO PREPARE, WITHIN THE PERIOD PRESCRIBED, THE DRAFT LEGISLATIVE PROVISIONS NECESSARY FOR THEIR IMPLEMENTATION .

9 IT MUST THEREFORE BE HELD THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH DIRECTIVES 79/373/EEC, 80/509/EEC, 80/511/EEC AND 80/695/EEC, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

COSTS

10 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE ITALIAN REPUBLIC 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 necessary to comply with Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs, Commission Directive 80/509/EEC of 2 May 1980 amending the Annex to Council Directive 79/373/EEC on the marketing of compound feedingstuffs, Commission Directive 80/511/EEC of 2 May 1980 authorizing, in certain cases, the marketing of compound feedingstuffs in unsealed packages or containers and Commission Directive 80/695/EEC of 27 June 1980 amending the Annex to Council Directive 79/373/EEC on the marketing of compound feedingstuffs, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

( 2 ) The Italian Republic is ordered to pay the costs .