C-44/80
ECLI:EU:C:1981:30
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JUDGMENT OF T H E COURT OF 4 FEBRUARY 1981 1
Commission of the European Communities v Italian Republic "Failure of a State to fulfil its obligations — Fertilizers"
Case 44/80
Member States — Obligations — Implementation of directives — Failure to fulfil — Justification — Not pennissible (EEC Treaty, Art. 169)
A Member State may not plead order to justify a failure to comply with provisions, practices or circumstances obligations and time-limits resulting from existing in its internal legal system in Community directives.
In Case 44/80
COMMISSION OF THE EUROPEAN COMMUNITIES, represented by Gian Piero Alessi, a member of its Legal Department, acting as Agent, 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 Arnaldo Squillante, acting as Agent, assisted by Ivo M. Braguglia, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy,
defendant, 1 — Language of the Case: Italian.
JUDGMENT OF 4. 2. 1981 — CASE 44/80
APPLICATION for a declaration that the Italian Republic has failed to fulfil its obligations under the EEC Treaty by not implementing, within the pre- scribed period, Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (Official Journal 1976, L 24, p. 21) and Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (Official Journal 1977, L 213, p. 1),
T H E COURT
composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, O. Due and U. Everling, Judges,
Advocate General: G. Reischl Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts and Issues
The facts, the course of the procedure laws of the Member States relating to and the conclusions, submissions and fertilizers. It concerns more particularly arguments of the parties may be provisions relating to the designation and summarized as follows: composition of straight and compound fertilizers, to the designation "EEC fertilizer" and also to the identification, I — Facts and written procedure packaging and labelling of those ferti- lizers. Under Article 12 of the Directive, Council Directive 76/116/EEC of 18 the Member States were required to December 1975 (Official Journal 1976, bring into force the provisions necessary L 24, p. 21), which was notified to the to comply therewith within 24 months of Member States on 19 December 1975, its notification, that is, not later than 19 has as its object the approximation of the December 1977. Articles 9 to 11 of the
COMMISSION v ITALY
Directive lay down a procedure for Commission brought this action adjusting certain of its annexes to concerning the failure of the State to technical progress. In application of that fulfil its obligations. The defendant did procedure the Commission adopted not lodge a rejoinder. Directive 77/535/EEC on 22 June 1977 (Official Journal 1977, L 213, p. 1). Under Article 2 of that Directive it lay Upon hearing the report of the Judge- with the Member States to bring into Rapporteur and the views of the force not later than 19 December 1977 Advocate General, the Court decided to the provisions necessary in order to· open the oral procedure without any comply therewith. preparatory inquiry.
Since none of the measures necessary in order to comply with Council Directive II — C o n c l u s i o n s of the p a r t i e s 76/116/EEC and Commission Directive 77/535/EEC had been adopted by the Italian Republic, the Commission invited The Commission claims that the Court the Italian Government by letter of 27 should: July 1978 to submit its observations pursuant to Article 169 of the Treaty — Declare that by failing to adopt, within a period of two months. within the prescribed period, the provisions necessary in order to comply with Council Directive No reply having been received, the 76/116/EEC of 18 December 1975 Commission, after establishing the on the approximation of the laws of continued absence of national provisions the Member States relating to ferti- for implementing the directives, delivered lizers and Commission Directive a reasoned opinion on 18 May 1979 and 77/535/EEC of 22 June 1977 on the requested the Italian Government to approximation of the laws of the comply therewith within a period of two Member States relating to methods of months. sampling and analysis for fertilizers the Italian Republic has failed to fulfil one of its obligations under the By a memorandum of 24 July 1979 from Treaty; its Permanent Representation, the Italian Government informed the Commission that the complexity of the subject-matter, — Order the defendant to pay the costs. both from a technical point of view and from the standpoint of its economic complications, gave rise to the delay in The Italian Government did not put drafting the legislative measure needed in forward any conclusions. order to comply with Directive 76/116/ EEC. It is also claimed that im- plementation of Commission Directive 77/535/EEC was possible only on the III — S u b m i s s i o n s and argu- entry into force of the legislative measure m e n t s of the p a r t i e s required by Council Directive 76/116/ EEC. The Commission contends that the binding nature of directives implies that By application registered at the Court Member States are obliged to comply Registry on 4 February 1980 the with the period prescribed for the
JUDGMENT OF 4. 2. 1981 — CASE 44/80
adoption of the national legal provisions national legal system and will serve as necessary for their implementation. In the basis for a ministerial order which that regard it refers to the judgment of will ensure the implementation of 26 February 1976 in Case 52/75, Commission Directive 77/535/EEC. The Commission of the European Communities Italian Government hopes that the draft v Italian Republic [1976] ECR 277 in law will be adopted very shortly. which the Court also stated that it must In its reply the Commission points out be remembered that a Member State may that the Italian Government disputes not plead provisions, practices or neither in fact nor in law its alleged circumstances existing in its internal legal failure to fulfil its obligations and system in order to justify a failure to maintains its conclusions. comply with such time-limits. The Italian Government stresses that the incorporation of Council Directive IV — Oral procedure 76/116/EEC into its national legal system requires a special legislative The parties presented oral argument at measure, which will lay down new rules the sitting on 25 November 1980. for the entire fertilizer sector. A draft law has been laid before the chambers. The Advocate General delivered his Once adopted, it will incorporate opinion at the sitting on 16 December Council Directive 76/116/EEC into the 1980.
Decision
1 By application lodged at the Court Registry on 4 February 1980 the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that by failing to adopt, within the prescribed period, the provisions necessary in order to comply with Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (Official Journal 1976, L 24, p. 21) and Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (Official Journal 1977, L 213, p. 1) the Italian Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty.
2 Under Article 12 of Council Directive 76/116/EEC in conjunction with Article 2 of Commission Directive 77/535/EEC, the Member States were
COMMISSION v ITALY
obliged to bring into force the provisions necessary in order to comply with those directives within a period which expired on 19 December 1977.
3 The Italian Government does not dispute that it has not fulfilled those obligations. It explains the delay in the incorporation of the two directives into the national legal system by the need for the preparation and approval of a special legislative measure which will lay down new rules for the entire fertilizer sector. A draft law has been laid before the chambers and the par- liamentary procedure is talcing its course. Once it has entered into force, that law will ensure the incorporation of Council Directive 77/535/EEC into the national legal system.
4 Those circumstances do not expunge the failure to fulfil its obligations with which the Italian Republic is charged. According to well-established case- law, 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 obligations and time-limits resulting from Community directives.
5 It must, therefore, be held that by failing to adopt, within the prescribed period, the provisions necessary in order to comply with Council Directive 76/116/EEC and Commission Directive 77/535/EEC, the Italian Republic has failed to fulfil one of its obligations under the Treaty.
Costs
6 Under Article 69 (2) of the Rules of Procedure the unsuccessful party must be ordered to pay the costs if they have been asked for in the successful party's pleading.
Since the defendant has failed in its submissions, it must be ordered to pay the costs.
JUDGMENT OF 4. 2. 1981 — CASE 44/80
On those grounds,
THE COURT
hereby:
1. Declares that by failing to adopt, within the prescribed period, the provisions necessary in order to comply with Council Directive 76/116/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to fertilizers (Official Journal 1976, L 24, p. 21) and Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (Official Journal 1977, L 213, p. 1) the Italian Republic has failed to fulfil one of its obligations under the Treaty;
2. Orders the defendant to pay the costs.
Mertens de Wilmars Pescatore Mackenzie Stuart Koopmans O'Keeffe
Bosco Touffait Due Everling
Delivered in open court in Luxembourg on 4 February 1981.
A. Van Houtte J. Mertens de Wilmars Registrar President