C-163/78
ECLI:EU:C:1979:52
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JUDGMENT OF THE COURT OF 22 FEBRUARY 1979<apnote>1</apnote>
Commission of the European Communities v Italian Republic
"Aerosol dispensers"
Case 163/78
Member States — Obligations — Implementation of directives — Failure — Justification — Mot acceptable (EEC Treaty, Art. 169)
A Member State may not plead order to justify a failure to comply with provisions, practices or circumstances the obligations and time-limits under existing in its internal legal system in Community directives.
In Case 163/78
Commission of the European Communities, represented by Gian Piero Alessi, a member of the Commission's Legal Department, 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 Adolfo Maresca, Ambassador, acting as Agent, assisted by Arturo Marzano, Avvocato dello Stato, 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 arising under Council Directive No 75/324/EEC of 20 May 1 — Language of the case: Italian.
JUDGMENT OF 22. 2. 1979 — CASE 163/78
1975, on the approximation of the laws of the Member States relating to aerosol dispensers (Official Journal L 147, p. 40),
THE COURT
composed of: J. Mertens de Wilmars (President of the First Chamber), Acting President, Lord Mackenzie Stuart (President of the Second Chamber), A. M. Donner, P. Pescatore, M. Sørensen, A. O'Keeffe and G. Bosco, Judges,
Advocate General: J.-P. Warner Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts and Issues
The facts of the case, the course of the By letter of 1 April 1977, the procedure and the conclusions, Commission invited the Italian
submissions and arguments of the parties Government to submit its observations in
may be summarized as follows: pursuance of Article 169 of the Treaty within a period of two months. By a telex message of 13 September I — Facts and procedure 1977, the Italian Permanent Represen- tation assured the Commission that the Council Directive No 75/324/EEC of 20 domestic procedure which was in May 1975, notified to the Member States progress concerning the adoption of the on 21 May 1975, has as its object the directive into national legislation would approximation of the laws of the be accelerated.
Member States relating to aerosol The reasoned opinion inviting Italy to dispensers, more particularly as regards comply within a period of two months manufacture, filling and nominal was sent to the Italian Government by capacities. letter dated 19 December 1977.
Under Article 11 of the directive the By telex message of 30 January 1978, the Member States were to bring the Commission allowed an extension of two
necessary provisions into force within 18 months.
months of its notification. For Italy that would have been at the latest on 21 November 1976.
COMMISSION v ITALY
On 28 July 1978, the Commission comply with the time-limits contained brought this action. therein for the adoption of the domestic The defendant has not lodged a provisions for adaptation. In this respect rejoinder. it refers to Cases 52/75 ([1976] ECR On hearing the report of the Judge-Rap- 277) and 10/76 ([1976] ECR 1359). porteur and the views of the Advocate The Italian Government observes that the General the Court decided to open the competent Italian authorities had already oral procedure without any preparatory shown, before the matter was brought inquiry. before the Court, their intention to adopt the necessary provisions for the II — Conclusions of the parties purpose of the complete application of The Commission claims that the Court the directive in question. It points out should: that additional difficulties arose from the
— Declare that, by failing to adopt, admitted necessity to proceed with this within the prescribed period, the adaptation by a legislative measure and provisions necessary to comply with not by the simple ministerial decree Council Directive No 75/324 of 20 which had originally been prepared. May 1975 on the approximation of Various administrative authorities had to the laws of the Member States be consulted beforehand.
relating to aerosol dispensers, the In its reply the Commission maintains its Italian Republic has failed to fulfil an conclusions. obligation under the Treaty; — Order the Italian Republic to pay the costs.
IV — Oral procedure
III — Submissions and argu- ments of the parties The parties presented oral argument at the hearing on 1 February 1979. The Commission points out that the mandatory nature of directives entails The Advocate General delivered his
the obligation for Member States to opinion at the same hearing.
Decision
1 By an application received at the Court Registry on 28 July 1978, the Commission, in pursuance of Article 169 of the EEC Treaty, applied to the Court for a declaration that, by failing to adopt, within the prescribed period, the provisions necessary to comply with Council Directive No 75/324 of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (Official Journal L 147, p. 40) the Italian Republic had failed to fulfil an obligation under the Treaty.
JUDGMENT OF 22. 2. 1979 — CASE 163/78
2 Under Article 11 of the directive the Member States were to bring into force the provisions necessary to comply with the directive within 18 months of its notification, a period which in this case expired on 21 November 1976.
3 The defendant does not contest the alleged failure.
4 The defendant has merely stated that the delay in bringing the directive in question into force was due, on the one hand, to the necessity of adopting a legislative measure and, on the other hand, to the fact that the actual subject- matter of the directive required prior consultation with various competent administrative authorities.
5 It must be remembered 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 imposed by Community directives.
6 It must accordingly be declared that by not adopting within the prescribed period the provisions necessary to comply with Council Directive No 75/324 of 20 May 1975, the Italian Republic has failed to fulfil an obligation under the Treaty.
Costs
7 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 pleading.
8 The defendant has failed in its submissions and must therefore be ordered to
pay the costs.
COMMISSION ITALY
On those grounds,
THE COURT
hereby:
1. Rules that, by failing to adopt, within the prescribed period, the measures necessary to comply with Council Directive No 75/324 of 20 May 1975, the Italian Republic has failed to fulfil an obligation under the Treaty;
2. Orders the defendant to bear the costs.
Menens de Wilmars Mackenzie Stuart Donner
Pescatore Sørensen O'Keeffe Bosco
Delivered in open court in Luxembourg on 22 February 1979.
A. Van Houtte J. Mertens de Wilmars Registrar President of the First Chamber, Acting President