61979J0093

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 SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES .

IN CASE 93/79

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ALBERTO PROZZILLO AND AUKE HAAGSMA , ACTING AS AGENTS , 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 ITS AMBASSADOR , ADOLFO MARESCA , ACTING AS AGENT , ASSISTED BY IVO MARIA BRAGUGLIA , AVVOCATO DELLO STATO ( STATE ADVOCATE ) WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC , BY FAILING TO PUT INTO FORCE WITHIN THE PRESCRIBED PERIOD THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 75/410/EEC OF 24 JUNE 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO CONTINUOUS TOTALIZING WEIGHING MACHINES ( OFFICIAL JOURNAL L 183 , P . 25 ), HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

1 BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 14 JUNE 1979 , THE COMMISSION APPLIED TO THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 75/410 OF 24 JUNE 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO CONTINUOUS TOTALIZING WEIGHING-MACHINES ( OFFICIAL JOURNAL L 183 , P . 25 ).

2 ACCORDING TO ARTICLE 4 OF THE DIRECTIVE , MEMBER STATES WERE REQUIRED TO PUT INTO FORCE THE MEASURES NEEDED TO COMPLY WITH IT WITHIN 18 MONTHS OF ITS NOTIFICATION ; THE PERIOD EXPIRED IN THIS CASE ON 27 DECEMBER 1976 .

3 THE ITALIAN GOVERNMENT DOES NOT DENY THE ALLEGED OMISSION . IT CONFINES ITSELF TO STATING THAT THE DELAY IN APPLYING THE DIRECTIVE IN QUESTION AROSE FROM THE FACT THAT ITS EFFORTS TO FULFIL ITS OBLIGATIONS UNDER THE SAID DIRECTIVE WERE UNSUCCESSFUL OWING TO POLITICAL AND PARLIAMENTARY EVENTS . THE DECREE-LAW MADE FOR THE PURPOSE OF IMPLEMENTING THE DIRECTIVE , WHICH ENTERED INTO FORCE ON 23 APRIL 1978 , HAD NOT BEEN ADOPTED INTO LAW BY THE CHAMBERS WITHIN THE PERIODS PROVIDED BY THE CONSTITUTION AND CEASED IN FACT TO HAVE EFFECT ; THE TWO DRAFT LAWS CONTAINED IN THE DECREE-LAW , WHICH HAD BEEN SUBMITTED TO THE SENATE , WERE NOT ADOPTED BECAUSE OF THE PREMATURE DISSOLUTION OF THE CHAMBERS .

4 IT SHOULD BE RECALLED THAT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES EXISTING IN ITS INTERNAL SYSTEM IN ORDER TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS AND TIME-LIMITS UNDER COMMUNITY DIRECTIVES .

5 IT IS THEREFORE NECESSARY TO DECLARE THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/410 OF 24 JUNE 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .

COSTS

6 UNDER ARTICLE 6 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

7 SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT THE ITALIAN REPUBLIC , BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE NO 75/410 OF 24 JUNE 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO CONTINUOUS TOTALIZING WEIGHING-MACHINES ( OFFICIAL JOURNAL L 183 , P . 25 ), HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY ;

2 . ORDERS THE DEFENDANT TO PAY THE COSTS .