C-147/77
ECLI:EU:C:1978:121
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JUDGMENT OF THE COURT OF 6 JUNE 1978 1
Commission of the European Communities v Italian Republic
"Slaughter of animals"
Case 147/77
In Case 147/77
Commission of the European Communities , represented by its Legal
Adviser, Cesare Maestripieri, acting as Agent, with an address for service in Luxembourg at the office of Mario Cervino, Jean Monnet Building, Kirchberg,
applicant, v
Italian Republic , represented by its Ambassador, Adolfo Maresca, acting as
Agent, assisted by the Vice-Avvocato dello Stato (Deputy State Advocate), Ivo Mario Braguglia, with an address for service in Luxembourg at the Italian Embassy,
defendant,
APPLICATION for a declaration that the Italian Republic has failed to
fulfil its obligations under Article 5 of the EEC Treaty and the Council Directive of 18 November 1974 on stunning of animals before slaughter
(Official Journal L 316 of 26 November 1974, p. 10),
THE COURT
composed of: H. Kutscher, President, M. Sørensen and G. Bosco (Presi dents Chambers), A. M. Donner, J. Mertens de Wilmars, P. Pescatore, of
Lord Mackenzie Stuart, A. O'Keeffe and A. Touffait, Judges,
Advocate General: G. Reischl Registrar: A. Van Houtte
gives the present
1 — Language of the Case: Italian.
JUDGMENT OF 6. 6. 1978 — CASE 147/77
JUDGMENT
Facts and Issues
The facts, the course of the procedure, within one month. A new extension was
the conclusions and the submissions and granted on 16 June 1977 until 6 July arguments of the parties may be 1977. On 20 September 1977 the
summarized as follows: Permanent Representation of Italy with the Communities brought to the notice
of the Commission "a preliminary draft I —
Summary of facts and law relating to the incorporation into procedure the Italian legal system of the whole of
the provisions of Council Directive No On 18 November 1974 the Council of 74/577/EEC on stunning of animals the European Communities, with the before slaughter". The said draft was double object of avoiding disparities in submitted on 20 July 1977 for the
the national legislation in the field of approval of the Italian Senate. protection of animals of such a nature As matters remained in this state, on 29 as to affect the functioning of the November 1977 Commission lodged the Common Market, and on the same an application with the Court. occasion of preventing all forms of
cruelty to animals, adopted Directive The written procedure followed the
No 75/577/EEC on stunning of normal course. The Court, on hearing animals before slaughter. the report of the Judge-Rapporteur and
the views of the Advocate General, Article 5 of the said directive provides: decided to open the oral procedure "The Member States shall, not later without any preparatory inquiry. than 1 July 1975, bring into force the
laws, regulations and administrative
provisions to with this necessary comply II — Conclusions of the parties directive and shall immediately inform Commission thereof."
the The Commission claimed that the Court After an exchange of correspondence should:
between the Directorate General of the "(a) declare that the Italian Republic Commission for Agriculture and the has failed to fulfil its obligations Italian authorities the Commission on under Article 5 of the EEC Treaty 15 December 1976 informed the Italian and the Council Directive of 18 Minister for Foreign Affairs that it was November 1974 on stunning of initiating the procedure laid down in animals before slaughter; Article 169 for failure to apply the
directive. After an extension of one (b) Order the Italian Republic to pay costs."
month requested and obtained by the the
Italian Government to present its obser
vations, the letter was followed by a The Italian Government did not present
reasoned opinion sent by the any formal conclusions but expressed
Commission on 5 May 1977. The the hope that the steps which were
reasoned opinion invited the Italian about to be taken would deprive the
Republic to take the necessary measures present action of its purpose.
COMMISSION v ITALY
III for dero — Summary of the sub allows the possibility of
missions and arguments of gative provisions.
the parties put forward during the written The Italian Government points out that procedure the purposes of the directive in question, both those of an economic The Commission recalls the obligations in first in nature referred to the recital
flowing from Article 5 of the Treaty for the preamble, and that relating to the Member States; it emphasizes that, in protection of animals, referred to by the pursuance of the first indent of Article second intents and recital, are to all
155, it had on serveral occasions asked purposes attained by the application of for information from the Italian Article 9 Royal Decree No 3298 of of Government but had not received it. 20 December 1928 (Official Journal of
The Commission stresses the the Kingdom of Italy No 36 of 12 mandatory nature of directives under Article 189 of February 1929). The charge made
against Italy of failing to the Treaty and the case-law of the comply with Court (judgments of 26 June 1976 in its obligations therefore appears to be Case 52/75 Commission formal than its failure could v Italy [1976] more real;
ECR 277 and of 22 September 1976 in in no sence affect the working of the
Case Commission Common Market does it necessarily 10/76 v Italy [1976] nor
ECR 1359). imply cruel treatment for animals. To this day the Italian Republic has not Nevertheless, so as to complete the
yet adopted the measures necessary application of directive and, above the
to comply with the directive of for the purposes of legal certainty, all, 18 November 1974: the Italian Government has prepared
The Italian draft Law No 840, which was presented — reference made by the
in to the Senate of the Republic on 20 July authorities the course of the 1977. discussions to Royal Decree No 3298 of 20 December 1928 (Offical The Italian Government hopes that Journal of the Kingdom of Italy approval of the draft law will be No 36 of 12 February 1929) is forthcoming as soon as possible so that insufficient as it does not require it may be considered that the present observance either of the exclusive action has lost its purpose. nature of the stunning process, which may be effected only by a The Commission, in its reply, contents
mechanically-operated instrument, itself with recalling that: electricity or gas, or of the necessity to put the animal into a state of — The defendant does not deny that it lasts it is has not applied the directive; insensibility which until
slaughtered; the approval by the legis The necessity for Community —
Italian Government of a draft law at lation results from a study carried present before the Italian Parliament out on the Commission's behalf by moreover recognizes that the former Professor G. von Mickwitz and provision was insufficient. T. M. Leach ("Darstellung der zur
— The draft law in question, which has Betäubung vor dem Schlachten zur
not yet been passed, will not permit Zeit gebrauchlichen Methoden und Beurteilung"
the matter to be put in order in the ihre — an account of
near future; moreover Article 3 the methods used for stunning thereof does not put faithfully into before slaughter at the present time
force Article 3 of the directive as it and comments on them) which
JUDGMENT OF 6. 6. 1971 — CASE 147/77
points out the frequently horrible IV — Oral procedure
conditions in which animals are still
today slaughtered in Community The parties appeared at the hearing on countries; 10 May 1978.
— Directive No 75/577/EEC rep The applicant pursued the line of
resents first step and will not be a argument already put forward at the
time of the written procedure and the last; it is possible that the Community may accede to the draft stressed the following points: convention worked out in this — The Royal Decree of 1928 does not
sphere by the Council of Europe; prohibit but neither does it require
the stunning of animals before — Public opinion in the Community is slaughter; the purpose of the interested in the directive in question directive is to require it. and will react if its provisions are
not observed ("Compassion in — A report of an inquiry by Professor World Farming" has written to von Mickwitz and Counsellor Leach complain of infringements which (lodged during the hearing) proves have taken place in another Member the necessity of Community State and the Balfour undertakings intervention in view of the horrible
in force in the United Kingdom methods used in some slaugh
1957 led terhouses in the Community. since at one time to a
prohibition on export of animals to — The Commission had chosen for the States which did not promise to directive a special and sufficient
observe in particular the obligation legal basis (Article 43) to which the
to stun animals before slaughter; Council thought it right to add a
general legal basis (Article 100) — The Commission hopes that the which requires unanimity of the Italian Parliament may approve the Member States. draft law submitted to it by the
Government The present case illustrates the during —
the course of
the present proceedings thus difficulties met with by the making it poindess to pursue the action. Commission in supervising the
application of directives if Member States do not collaborate in a more In its rejoinder the Italian Government active manner in keeping it repeats the arguments put forward in its informed. defence and stresses the purely formal nature of the shortcoming with which it Finally the Commission expresses the is charged. The Royal Decree of 1928 wish that the operative part of does not prohibit stunning of animals judgments given by the Court in before slaughter although it does not pursuance of Article 169 with regard to require it. failure to comply with directives should
Legislative delays due to the be harmonized.
Government crisis have not so far The defendant put forward a document draft Law reproducing the decree of the President permitted the adoption of
No 840; a suspension of the present of the Italian Republic of 10 August proceedings and an adjournment of the 1972 approving a regulation making oral procedure until the end of June or the before mandatory stunning July will make it possible to dispose of slaughter of poultry, rabbits and game.
the present action after the said draft The defendant alleged that this
has been approved by Parliament. document proves that in the context of
COMMISSION v ITALY
the Royal Decree of 1928 stunning The defendant, in reply to a question
might be made mandatory. By reason of put by the Court, stated that it was not the government crisis it has not hitherto asking for the application to be been possible to approve a parallel draft dismissed. law with regard to the species of
animals referred to in the directive in The Advocate General delivered his question. opinion at the hearing on 11 May 1978.
Decision
1 In pursuance of the second paragraph of Article 169 of the EEC Treaty the Commission lodged at the Court Registry on 6 December 1977 an
application for a declaration that the Italian Republic, by not adopting within the prescribed period the laws, regulations and administrative
provisions necessary to comply with the requirements of Council Directive No 74/577/EEC of 18 November 1974 (Official Journal L 316, p. 19) on
stunning of animals before slaughter, has failed to fulfil its obligations under Article 5 of the Treaty and under the aforementioned directive.
2 The Council, in examining the national provisions governing the protection
of animals, they presented disparities of such a nature as to affect noted that
directly the functioning of the Common Market since the costs arising from such requirements were variable from one Member State to another.
3 Furthermore, it appeared to the Council that the Community should also take action to avoid in general all forms of cruelty to animals and it appeared desirable, as a first step, that such action should consist in laying down conditions such as to avoid all unnecessary suffering on the part of
animals when being slaughtered.
4 For the above reasons the aim of the directive is to generalize the practice
of stunning animals by the use of a mechanically-operated instrument, electricity or gas anaesthesia and it requires the Member States to put such
provisions into force by 1 July 1975 at the latest.
JUDGMENT OF 6. 6. 1978 — CASE 147/77
5 Before delivering on 5 May 1977 the reasoned opinion provided for by Article 169 of the Treaty, the Commission, in pursuance of the first indent of Article 155 ofthe Treaty, on several occasions, and in particular on
12 January, 31 March, 2 November and 15 December 1976, invited the Italian Government to notify it of the facts and provisions regarding the
incorporation of Community standards into the Italian legal system.
6 The Italian Government, whilst not claiming that the Commission's application is unfounded, has stated that the purposes of Directive No 74/577/EEC, both those of an economic nature and those having as their
aim the protection of animals, could be realized by the application of Article 9 of Royal Decree No 3298 of 20 December 1928 (Official Journal of the
Kingdom of Italy No 36 of 12 February 1929) adopting procedures which make it possible to produce the death of animals in the most rapid possible
manner.
7 However, in order to complete the processes employed and to make them
comply with the provisions of Directive No 74/577/EEC, the Italian Government has presented to the Senate of the Republic on 20 July 1977 a
draft Law, No 840, which has not yet become the law of the State.
8 It follows that by not having brought into force within the prescribed period
the provisions necessary to comply with Directive No 74/577/EEC on
stunning of animals before slaughter the Italian Republic has failed to fulfil an obligation under the Treaty.
Costs
9 Under Article 69 (2) of the Rules of Procedure the unsuccessful party shall
be ordered to pay the costs if they have been asked for in the successful
party's conclusions.
10 The defendant has failed in its submissions.
11 It must therefore be ordered to pay the costs.
COMMISSION v ITALY
On those grounds,
THE COURT
hereby:
1. Declares that by not having brought into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with the provisions of Council Directive No 74/577 of
18 November 1974 on stunning of animals before slaughter the
Italian Republic has failed to fulfil its obligations under the Treaty;
2. Orders the defendant to pay the costs.
Kutscher Sørensen Bosco Donner Mertens de Wilmars
Pescatore Mackenzie Stuart O'Keeffe Touffait
Delivered in open court in Luxembourg on 6 June 1978.
A. Van Houtte H. Kutscher
Registrar President
OPINION OF MR ADVOCATE GENERAL REISCHL DELIVERED ON 11 MAY 1978 1
Mr President, following species: bovine animals, Members of the Court, swine, sheep, goats and solipeds,
In Council Member States shall ensure that suitable Directive No 74/577/EEC 18 November 1974 measures are taken to induce death as of on stunning of
animals before slaughter (Official rapidly as possible after stunning, in
Journal L 316 of 26 November 1974, p. accordance with appropriate pro
10) the Council provided that: "For the cedures". The directive lays down slaughter of animals belonging to the details as to the permissible means of
1 — Translated from the German