C-33/69

In Case 33/69

Commission of the European Communities, represented by its Legal Adviser, Giancarlo Olmi, acting as Agent, with an address for service in Luxembourg at the offices of Émile Reuter, Legal Adviser to the Commission, 4, boulevard Royal,

applicant,

ν

Government of the Italian Republic, represented by Adolfo Maresca, Minister Plenipotentiary, acting as Agent, assisted by Pietro Peronaci, Deputy State Advocate- General, with an address for service in Luxembourg at the Embassy of the Italian Republic, defendant,

1 — Language of the Case: Italian. 2 — CMLR.

gives the following

JUDGMENT

Issues of fact and of law

I— Summary of the facts The preamble to the regulation states that, faced with difficulties in the wine-growing 1. Article 1 of Regulation No 24 provides: economy of certain States caused by sur­ 'Member States shall, not later than 30 June pluses of a permanent nature, the common 1963, prepare a viticultural land register organization must 'aim at stabilizing which shall thereafter be kept up to date. markets and prices by adjusting supplies to This register, based on the general vineyard requirements'. It continues: 'Whereas the census, shall include the following minimum necessary steps to bring about this adjust­ information : ment require that the potential output be (a) the total area under vines; known ...' and states inter alia that 'the (b) the area under vines subdivided accor­ preparation of a viticultural land register ... ding to type of production; should make it possible to obtain the (c) the method of management of planta­ statistical information essential for a knowl­ tions; edge of the market'. (d) the classification of vine plantations The provisions relating to the preparation according to surface area; of this register, its maintenance and keeping (e) the classification of areas under vines it up to date are dealt with by two regula­ according to age of vine-stocks ; tions of the Commission of the EEC, (f) classification of vine varieties according namely : to year of planting.' Regulation No 143 of 23 November 1962 In the Italian version the first paragraph of (OJ, Special Edition 1959-1962, p. 293); this article is worded as follows: Regulation No 26/64/EEC of 28 February 'Entro il 30 giugno 1963 gli Stati membri 1964 (OJ, Special Edition 1963-1964 p. 112). istituiscono un catasto viticolo che sarà Article 2 of this latter regulation provides: tenuto aggiornato.' '1. As soon as the viticultural land register

is prepared, and not later than 30 June and other Member States to supply them 1965, Member States shall communicate with such information as would allow them to the Commission the following infor to ascertain the progress in preparing the mation : register. The Italian Government did not — the number of vine plantations ; reply to this request despite several re — the total area of such plantations ; minders between December 1964 and — the total area under vines subdivided March 1965. according to : (a) nature of produce, 4. On 14 September 1965 the Italian (b) type of cultivation. Government communicated to the Com

. . — on the other hand, in the Management of the EEC shall be prepared (istituito) Committee a literal interpretation (of and kept by the Minister for Agriculture this article) has gained acceptance ac and Forestry. The provincial Inspectors cording to which 30 June 1963 must be of Agriculture shall acquire the informa regarded as the final date by which the tion in question' operations preparing the viticultural (Article 1); land register must be completed' ; 'The operations relating to the prepara — if this interpretation were accepted, 'it tion (istituzione) of the viticultural land would be a practical impossibility to register shall be carried out by the complete all the necessary work by 30 Minister for Agriculture and Forestry June 1963 since complex and onerous jointly with the Central Statistics Insti surveys are required' ; tute. The Minister shall be authorized in — on the basis of those considerations, .

be made available. . . The Minister for the 1964 for 30 June 1963. Treasury shall be authorized to make by 3. By letter of 30 November 1964 the decree the necessary amendments to the Commission's departments requested Italy budget' (Article 3).

6. In a letter of 17 June 1966 addressed to Decree No 1707 is currently being the Italian Government the Commission drafted 'whilst plans are being drawn up stated in particular that: for the practical harmonization of the — it appeared that except for certain pre work which is expected to commence in liminary studies no concrete measures the very near future' ; for the preparation of a viticultural land — having regara to the scope and complex register have as yet been taken' ; ity of the working plan it is anticipated — the communication of 14 September that the national viticultural land 1965 (cf. 4 above) 'cannot be regarded as register will be completed in the course presupposing even the partial fulfilment of 1968'. of the obligation to establish the register' since this communication is founded on 8. In a letter in reply on 18 November 1966 different basic facts from the register; the Commission : the obligation laid down in Article 2 of — declared that it 'noted' the Italian Regulation No 26/64/EEC, the provision Government's declaration of intent ; to which the said communication refers, — in order to be able to take a decision on presupposes the prior preparation of the the action required in this matter, for register (cf. 1 above in fine); example proposing to the Council — in those circumstances the Italian another postponement of the date for Government has failed to fulfil its the preparation of the register', re obligation to prepare the viticultural land quested the Italian Government to in register not later than 31 December 1964 form it whether the above-mentioned (cf. 2 above). implementing provisions had been adop The letter continues: 'Consequently, in ted and 'to provide it with all the in accordance with the provisions of Article formation relating to the organization 169 of the Treaty, the Commission requests of the work and the stages planned for the Italian Government to submit its its completion'. observations within the period of one By letter of 9 January 1967 the Permanent month from receipt of this letter'. Representative of Italy replied that the said provisions were 'in the course of comple

. . . of the practical means of drawing up Those proposals stated that in view of the and completing this register, which took fact that 'more time is needed to enable the longer than anticipated' ; work of preparing the viticultural land — with regard to the Commission s remarks register to be satisfactorily completed in on the communication of 14 September certain Member States where the matter 1965: 'It should be noted that, in order raises particularly complex problems', the to lessen the inevitable delay in preparing period for preparing the register (Article the register, an appropriate survey has 22 (3) should be extended until 31 December been carried out the results of which .

COMMISSION ν ITALY

Article 1 of Regulation No 24. The opinion 1970. states inter alia that it appears to the Commission, especially as a result of a IV— Submissions and arguments meeting of experts held at Brussels on 23 of the parties January 1969 that 'not only has there been a failure to complete the register but in In its application the Commission states that addition certain of the preparatory works at the present time the work on the prepara to this end have not yet been completed'. tion of the viticultural land register, pro This opinion was notified by letter of 7 vided for by Decree No 1707, has only been March 1969 to the Italian Government completed to a very small extent ; indeed the which was required to conform with it Italian Government has not yet notified the within a period of 45 days.

In its statement of defence the Italian Government replies In its application the Commission claims that the adoption of Decree No 1707 that the Court should: 'suffices to show that the application is (a) Declare that the Italian Republic, by unfounded'. failing to prepare the viticultural land The Commission confuses the 'preparation' register within the period fixed in Article 1 ('istituzione') of the viticultural land register of Regulation No 24 on the progressive with 'keeping' it. The Community regula establishment of a common organization tions in question cannot be interpreted as of the market in wine, as amended by meaning that all the operations necessary Regulation No 92/63/EEC, has failed to to enable the register to function must be fulfil its obligations under this provision; completed within a specific period, all the (b) Order the Italian Republic to bear the more so in the case of those States where costs. such a register did not previously exist. In its statement of defence the Italian Moreover, it is incorrect to say that the Government contends that the Court should : operations in question have not been — dismiss the application of the Commis

JUDGMENT OF 4. 3. 1970 — CASE 33/69

This languages ('établir', 'einrichten' and 'in attitude is probably to be explained by the stellen') suggest that a different interpreta fact that the Italian Government considered tion must nevertheless prevail. that its co-operation with the Central If 'prepare' were a synonym for 'provide a Statistics Institute was sufficient. Further legal basis', the register would have been more, this co-operation formed the subject directly 'prepared' by the provision in of an agreement approved by Ministerial dispute.

problems . . .'; adopted after the above-mentioned date. — to the terms of Article 2 of Regulation Moreover Regulation No 92/63/EEC: No 26/64/EEC which provides that 'As — under the terms of the first recital of its soon as the viticultural land register is preamble and 'as an authentic interpre prepared, and not later than 30 June tation', states that the date of 30 June

On the basis of the priority of the 'primary' pletion of the register. regulations of the Council over 'secondary' The arguments which the Commission regulations of the Commission, the Italian bases on the correspondence prior to the Government : present dispute are irrelevant since the — emphasizes that in this case the regula­ controversy between the parties relates tions of the Council required the exclusively to the interpretation of the Commission to clarify through imple­ Community provisions in question. 'It is menting provisions the details of the thus not merely to salve its conscience' that register in question ; the Italian Government has appended to the — states that the Commission's view rejoinder various legislative and adminis­ amounts to classifying the 'secondary' trative provisions adopted in 1969 reflecting legislation above the 'primary' legis­ the current state of progress with the lation; in fact the Commission's argu­ register which continues 'at an increased ment makes the actual extent of the speed in accordance with the predetermined periods in question dependent on the plan'. relative dispatch with which the Com­

Grounds of judgment

The subject-matter of the dispute

1 Following its reasoned opinion of 3 February 1969, the Commission by an applica­ tion lodged on 23 July 1969 requested the Court under Article 169 of the EEC Treaty 'to declare that the Italian Republic, by failing to prepare the viticultural land register within the period fixed by Article 1 of Regulation No 24 (OJ, Special Edition 1959-1962, p. 123), as amended by Regulation No 92/63/EEC (OJ, Special Edition 1963-1964, p. 44), has failed to fulfil its obligations under this provision'.

In its view the term 'prepare' ('istituire') has the same legal implications as 'provide a legal basis for'.

5 As a comparison of the four versions of the above-mentioned provision in the various languages does not lead to a decisive result, the meaning of Regulation No 24, particularly Article 1 thereof, must be analysed.

Under the terms of the second paragraph of that provision : 'This register, based on the general vineyard census, shall include the following minimum information :

(a) the total area under vines; (b) the area under vines subdivided according to type of production; (c) the method of management of plantations ; (d) the classification of vine plantations according to surface area; (e) the classification of areas under vines according to age of vine-stocks ; (f) classification of vine varieties according to year of planting'.

6 It follows from those provisions that the 'register' was required to include all the above-mentioned information and comprise a complete documentation in ac­ cordance with this list. Such an interpretation is confirmed by the requirement that this information shall be 'kept up to date' in accordance with the first paragraph of the said article, which clearly presupposes that the information has already been obtained. It is also confirmed by the content of Regulation No 92/63/EEC by which the Council, on a proposal from the Commission, extended until 31 Decem­ ber 1964 the period fixed by Regulation No 24 for the preparation of the viticultural land register.

7 In fact by a letter of 29 March 1963 addressed to the Commission, the defendant had requested this extension stating that if the applicant's interpretation of Regula­ tion No 24 were accepted in this case, it would be ' a practical impossibility to complete all the necessary work by June 1963', since 'complex and onerous surveys' were required. This argument confirms the interpretation that the regulation intends to oblige the Member States to set up within the period in question a register capable of fulfilling its purpose.

under the above-mentioned regulations to set up a register capable of functioning in accordance with the criteria laid down by Regulation No 24. Nevertheless, it is not disputed that the defendant had not prepared such a register by the expiry of the period fixed by the reasoned opinion. Decree No 1707 of the President of the Italian Republic of 29 December 1965, published in the Gazzetta Ufficiale of 23 May 1966, does not fulfil the requirements of Regulation No 24 since it merely creates the legal and financial conditions making possible the subsequent establishment of a register as laid down in that regulation. 11 The defendant has admitted that the body of implementing provisions required by that decree has not yet been taken. It must therefore be declared that by its failure to prepare the viticultural land register the defendant has failed to fulfil its obliga­ tions under Article 1 of Regulation No 24.

Costs

12 Under the terms of Article 69 (2) of the Rules of Procedure, the unsuccessful party shall be ordered to pay the costs. The defendant has failed in its submissions and must therefore bear the costs of the proceedings.

On those grounds,

Upon reading the pleadings;

JUDGMENT OF 4. 3. 1970 — CASE 33/69

Trabucchi Strauß

Delivered in open court in Luxembourg on 4 March 1970.

A. Van Houtte R. Lecourt

Registrar President