C-52/75
ECLI:EU:C:1976:29
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JUDGMENT OF 26. 2. 1976 - CASE 52/75
In Case 52/75
Commission of the European Communities, represented by its Legal Adviser, Cesare Maestripieri, acting as Agent, with an address for service in Luxembourg at the offices of its Legal Adviser, Mario Cervino, Bâtiment CFL, place de la Gare,
applicant, v
Italian Republic, represented by its Ambassador, Adolfo Maresca, acting as Agent, assisted by Ivo Maria Braguglia, Deputy State Advocate, with an address for service in Luxembourg at the Italian Embassy,
defendant,
Application for a declaration that the Italian Republic has failed in its obligation under Article 43 of Council Directive No 70/458/EEC of 29 September 1970 on the marketing of vegetable seed,
THE COURT
composed of: R. Lecourt, President, H. Kutscher, President of Chamber, A. M. Donner, J. Mertens de Wilmars, M. Sørensen, Lord Mackenzie Stuart and A. O'Keeffe, Judges,
Advocate-General: H. Mayras Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts
The facts, the procedure and the I — Facts
conclusions, submissions and arguments of the parties may be summarized as Although, as the common market and follows: the common agricultural policy
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developed, trade in agricultural products adopted on 29 September 1970 Directive within the Community was progressively No 70/458/EEC on the marketing of freed from traditional barriers, it vegetable seed (OJ) English Special appeared to the Community institutions Edition 1970 (III) p.674; codified text, that the disparities in the rules in force including subsequent amendments, OJ in the various Member States adversely C 66, 1974, p. 62). affected the competitive capacity of producers, particularly as regards seed, This Directive states in particular that it is necessary to establish a common which is the primary production factor in catalogue of varieties of vegetable species modern "agriculture. on the basis of national catalogues.
All For this reason, on 14 June 1966 the the Member States were therefore obliged Council adopted the first directives in to compile one or more national this field which concerned the marketing catalogues of the varieties accepted for of the most important seeds and certification, checking and marketing in agricultural plants: beet seed, forage plant their territory. These catalogues were to seed, cereal seed and seed potatoes. These be drawn up in accordance with uniform directives were chiefly intended to rules, so that the varieties accepted were facilitate within the Community the distinct, stable and sufficiently uniform. marketing of the best seed from the A variety may only be accepted after official examinations carried out in each point of view both of the size and the Member State on the basis of uniform quality of the crops.
They are based on the principle that only seed which is the criteria and minimum requirements. result of systematic plant selection and The uniform rules for the certification by which, as such, possess clearly defined the Member States of the different types characters, can meet the requirements of of vegetable seed lay down the conditions modern agriculture. Because of the which the seed must satisfy in order to diversity of the national schemes of be certified either as 'basic' seed certification and for guaranteeing varietal produced under the responsibility of the identity and purity, as well as the state of breeder according to strict rules of health of varieties, it was particularly selection, or as 'certified' seed which is necessary to organize the sector in seeds generally of direct descent from basic and plants and to bring about the free seed. The marketing of 'standard' seed movement of these products harmo which is subject to official inspection was nizing the various certification schemes also authorized during a transitional and making them apply generally. period. This seed also possesses a The same principles have been applied minimum varietal identity and purity in the field of vegetable production, although these characters are only subject to official post-control by check which occupies an important place in the agriculture of the Community. As inspection, carried out by growing trials satisfactory results in vegetable and by check sampling. cultivation depend to a large extent on Directive No 70/458 also provides that, the use of appropriate seed it appeared without prejudice to the application of that greater productivity could only' be Article 36 of the Treaty, the seed which achieved in Community vegetable fulfils the conditions laid down, in cultivation if, in the choice of varieties particular as regards certification, accepted for certification, checking and packaging and marking, shall not be marketing, the Member States applied subject to any restrictions on marketing uniform rules which are as strict as other than those laid down by
possible. Community rules. Therefore, on the basis of Articles 43 and Article 43 of the directive obliged the 100 of the EEC Treaty, the Council Member States to bring into force, not
JUDGMENT OF 26. 2. 1976 - CASE 52/75
later than 1 July 1972, the laws, (a) the establishment of national regulations or administrative provisions catalogues of the varieties of vegetable necessary to comply with the directive species and the laying down of and to inform the Commission thereof conditions for the acceptance of the forthwith. varieties in question into these catalogues (Articles 3 to 15 of the On 21 December 1973 the Commission directive); drew the attention of the Government of (b) The classification of seed (Articles 2 the Italian Republic to the fact that the and 20 of the directive); amendments to be made to the national (c) the conditions of marketing of legislation in order to bring it into line 'standard' seed (Articles 24 to 26 of with the directive appeared neither to the directive); have been adopted nor applied. As it (d) the elimination of restrictions on the considered, therefore, that the Italian marketing of seed in accordance with Republic had failed to fulfil one of its the provisions of the directive (Article obligations, the Commission, in 16 (1) and Article 30). accordance with Article 169 of the EEC Treaty, requested the Italian Government The reasoned opinion requested the to submit its observations on this finding Italian Republic to take the necessary within one month. measures within sixty days. On 12 March 1974 the permanent representation of the Italian Republic By an application pursuant to the second informed the Commission that the paragraph of Article 169 of the EEC general provisions of Directive No Treaty, lodged on 10 June 1975, the Commission referred to the Court of 70/458, which deal in particular with the packaging of the products, the minimum Justice the alleged failure of the Italian commercial characteristics accepted for Republic to implement Directive No 70/458. marketing and the phytosanitary provisions, had been introduced into the Italian legislation, that the register of the varieties of vegetable species had been II — Written procedure established and that a draft law, intended to incorporate the provisions of the The written procedure followed the normal course. directive concerning vegetable seed, had been submitted to the Council of Ministers for approval. Upon hearing the report of the Judge-Rapporteur and the views of the On 13 November 1974 the Commission Advocate-General, the Court decided to delivered a reasoned opinion on the open the oral procedure without holding failure to implement Directive No any preparatory inquiry. 70/458, which was notified to the Government of the Italian Republic on However, the Commission replied in 16 November. writing to a question which had been put to it by the Court. The reasoned opinion found that the period prescribed by Article 43 of the directive had expired without the III — Conclusions of the parties Commission's being informed of the entry into force of all the provisions The Commission claims that the Court necessary to bring internal Italian law should:
into line with the directive. In particular, — declare that the Italian Republic has the essential measures had not been failed in its obligations under Article taken concerning: 43 of the Council Directive of 29
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September 1970 on the marketing of irrespective of the organ of the State vegetable seed; whose action or inaction is responsible — order the Italian Republic to pay the for the failure, that a Member State costs. cannot plead provisions or practices of its internal legal system for the purposes of The Government of the Italian Republic justifying a failure to comply with duties presents no formal conclusions. and time-limits laid down in Community regulations and that, in accordance with the general obligations imposed on the IV — Submissions and arguments States by Article 5 of the Treaty, it is for of the parties every Member State to adopt on a national level those measures which are The Commission maintains that the consequences of its membership of according to the case-law of the Court of the Community. Justice the correct implementation of directives is all the more important, since Directive No 70/458, which was adopted the adoption of implementing measures on 29 September 1970, provided in is left to the discretion of the Member Article 43 that the Member States should States and since such measures are adopt the measures necessary to conform rendered ineffective if their objectives are with the directive by 1 July 1972 at the not achieved within the time-limits laid latest. It is clear that this time-limit was
down. As regards the Member States to not observed by the Italian Republic which a directive is addressed, it is most although, after being requested to do so important to recognize that the effect of by the Commission the other Member its provisions relating to the time-limits States all implemented the directive, for the implementation of the measures albeit after a certain delay. The failure of provided for is no less binding than the the Italian Republic to fulfil its effect of any other rule of Community obligations has lasted for more than three
law. years. It cannot be tolerated any longer, since it maintains disparities within In the present case, even though the the Community which constitute a general provisions of Directive No hindrance to intra-Community trade. 70/458 have indeed been incorporated The assurances given as regards the into the Italian legal system, the Italian adoption of a draft law only emphasize Republic has not yet, on the other hand, the failure on the part of the Italian adopted the measures necessary to Republic the existence of which it is for conform with those of its provisions the Court to declare. which deal with the establishment of national catalogues of varieties of The Government of the Italian Republic vegetable species and the detailed rules emphasizes that the general rules for the acceptance of the varieties into contained in Directive No 70/458 were these catalogues, the classification of introduced into the Italian legal system seed, the marketing criteria for 'standard' by Law No 1096 of 25 November 1971 seed and the abolition of restrictions on concerning regulations for the the marketing of seed in accordance with production and marketing of seed the provisions of the directive. (Gazzetta Ufficiale No 322 of 22 December 1971) and its implementing The arguments put forward on this point regulation, which was approved by by the Government of the Italian Decree of the President of the Republic Republic conflict with the case-law of No 1065 of 8 October 1973 (Gazzetta
the Court of Justice. This case-law shows Ufficiale No 95 of 10 April 1974). inter alia that the liability of a Member Moreover, the register of the varieties of State is incurred under Article 169, certain horticultural species was
JUDGMENT OF 26. 2. 1976 - CASE 52/75
introduced by Decree of the President of deprives the Commission's application of the Republic of 26 April 1973 (Gazzetta its substance. Ufficiale No 179 of 14 July 1973). The introduction of these provisions of the directive into internal law did not present V — Oral procedure particular difficulties, although this is not the case as regards its more specific and The parties presented oral argument at detailed provisions. The matters with the hearing on 20 January 1976. which they deal have turned out to be much more complex than at first sight The Commission stated that although in appeared. The harmonization of national Law No 1096 and its implementing rules with the provisions of the directive regulation, which was approved by in question required extensive research, Decree of the President of the Republic repeated consultations with the relevant No. 1065, the Italian Republic has agricultural sectors and a large number of adopted certain provisions for the inter-departmental meetings. In order to implementation of Articles 3 to 15 of resolve the problems of adaptation and Directive No 70/458 which deal with the coordination a much longer period than national catalogues of varieties of that provided for by Article 43 of the vegetable species, these provisions can directive proved to be necessary. only come into operation after the Furthermore, this period has not been adoption of the draft law laid before the respected by any Member State. Its legislative bodies. inadequacy is undeniable. When compared with the delay in The Government of the Italian Republic implementing the directive on the part pointed out that the draft law which is of the other Member States the Italian intended to bring the entire directive Republic's delay in fulfilling its into force in the Italian legal system was obligations appears appreciably less grave approved by the Chamber of Deputies and may be regarded as justified. In the on 3 December 1975, that it was circumstances it cannot validly be examined on 12 January 1976 by the maintained that the Italian Republic has Senate Agricultural Committee and that failed to fulfil its obligations. its approval appeared on the agenda of the meeting of the Senate held on 15 It must also be pointed out that as the January 1976. Its adoption at that date problems encountered have been was only prevented by the Government resolved and that the draft law amending crisis.
and supplementing Law No 1096, approved by the Council of Ministers on The Advocate-General delivered his 28 May 1975 and submitted to the opinion at the hearing on 4 February Chamber of Deputies for enactment, 1976.
Law
1 By an application lodged at the Court Registry on 10 June 1975, the Commission brought before the Court, under Article 169 of the EEC Treaty, an action for a declaration that by failing to bring into force within the time-limit laid down by Article 43 of Council Directive No 70/458 of 29 September 1970 on the marketing of vegetable seed (OJ English Special Edition, 1970 (III) p. 674; codified text, taking account of subsequent
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amendments, OJ C 66, 1974, p. 62), all the laws, regulations and administrative provisions necessary to comply with the provisions of the said directive, the Italian Republic has failed in its obligations under the Treaty.
2/3 As the Council was aware that the difference existing between national rules on the use made of vegetable seed constituted a barrier to trade between the Member States it sought, by means of the directive of 29 September 1970, to introduce common rules comprising common requirements as regards the marketing of such seed, both between the Member States and on the national markets. This directive fixed a period expiring on 1 July 1972 for the implementation of the national measures.
4 The Commission maintains that the Italian Republic has not yet adopted the measures necessary to comply with the provisions of the directive concerning:
(a) the establishment of a national catalogue of varieties of vegetable species and the fixing of conditions of acceptance of the varieties for inclusion in these catalogues (Articles 3 to 15 of the directive); (b) the classification of seed (Articles 2 and 20 of the directive); (c) the conditions of marketing of 'standard seed (Articles 24 to 26 of the directive); (d) the abolition of marketing restrictions on seed in accordance with the provisions of the directive (Article 16 (1) and Article 30);
5/6 The Italian Republic observes that the general principles contained in Directive No 70/458 were introduced into the Italian legal system by Law No 1096 of "25 November 1971, laying down rules for the production and marketing of seed, and by its implementing regulation, which was approved by Decree of the President of the Republic No 1065 of 8 October 1973, and that, in addition, the register of varieties of certain horticultural species has been set up by Decree of the President of the Republic of 26 April 1973. Although it accepts that it failed to observe the time-limit for implementing the provisions of the directive referred to by the Commission in the application, the Italian Republic maintains that this delay is justified.
7/9 In this respect the Italian Republic maintains in particular that the period prescribed by Article 43 of the directive was too short. The implementation of the specific and precise provisions of the directive proved to be a very complex matter, with the result that the harmonization of the national rules with these provisions of the directive required extensive research, numerous
JUDGMENT OF 26. 2. 1976 - CASE 52/75
consultations with the relevant agricultural sectors and a large number of interdepartmental meetings. The inadequacy of the time-limit was demonstrated by the fact that no Member State was successful in implementing the directive by 1 July 1972, the date fixed for this purpose, and that in certain States it was only implemented in June and October 1974. In any event, a draft law which was intended to introduce the directive as a whole into the Italian legal system was approved on 3 December 1975 by the Chamber of Deputies, its approval appeared on the agenda of the sitting of the Senate of 15 January 1976 and only the governmental crisis had prevented its adoption at that date.
10 The correct application of a directive is particularly important since the implementing measures are left to the discretion of the Member States and would be ineffective if the desired aims are not achieved within the
prescribed time-limits. Although the provisions of a directive are no less binding on the Member States to which they are addressed than the provisions of any other rule of Community law, such an effect attaches a fortiori to the provisions relating to the periods allowed for implementing the measures prescribed, in particular since the existence of differences in the rules applied in the Member States after these periods have expired might result in discrimination.
11 Furthermore, any delays there may have been on the part of other Member States in performing obligations imposed by a directive may not be invoked by a Member State in order to justify its own, even temporary, failure to perform its obligations. The Treaty did not merely create reciprocal obligations between the various subjects to whom it applies, but established a new legal order which governs the powers, rights and duties of. the said subjects, as well as the procedures necessary for the purposes of having any infringement declared and punished.
12/13 If the period allowed for the implementation of a directives proves to be too short the only means of action compatible with Community law available to the Member State concerned consists in taking the appropriate initiatives within the Community in order to obtain the necessary extension of the period by the competent Community institution. In this respect it may be noted that, in the present case, the Council actually decided to extend the period allowed for the implementation of certain provisions of the directive, in particular by means of Directive No 72/418 of 6 December 1972 (OJ L 287, 1972, p. 22) and Directive No 73/438 of 11 December 1973 (OJ L 356, 1973, p. 79).
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14 Finally, it must be remembered that under Article 169 of the Treaty the Member States are liable no matter which organ of the State is responsible for the failure, and that 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 the obligations and time-limits under Community directives.
15 It follows that by not adopting within the time prescribed all the provisions necessary to comply with Council Directive No 70/458 on the marketing of vegetable seed the Italian Republic has failed in one of its obligations under the Treaty.
Costs
16 Under 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.
On those grounds,
THE COURT
hereby:
1. Rules that by not adopting within the time prescribed all the laws, regulations and administrative provisions necessary to comply with Council Directive No 70/458 of 29 September 1970 on the marketing of vegetable seed, the Italian Republic has failed in one of its obligations under the Treaty; 2. Orders the defendant to bear the costs.
Lecourt Kutscher O'Keeffe
Donner Mertens de Wilmars Sørensen Mackenzie Stuart
Delivered in open court in Luxembourg on 26 February 1976.
A. Van Houtte R. Lecourt
Registrar President