C-171/80

JUDGMENT OF T H E COURT OF 17 FEBRUARY 1981 1

Commission of the European Communities v Italian Republic "Failure of a State to fulfil its obligations — Dangerous substances and preparations"

Case 171/80

Member States — Obligations — Implementation of directives — Failure to fulfil — Justification — Not permissible (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 171/80

T H E COURT,

composed of: J. Mertens de Wilmars, President, P. Pescatore and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, O. Due, U. Everling and A. Chloros, Judges,

Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

No direct reply was received to that The Italian Republic did not put forward letter. However, on 18 March 1979 the any conclusions. Italian Government informed the the Commission that it had submitted to parliament a draft Law to authorize the Government to adopt the provisions needed to adjust the national legal III — S u b m i s s i o n s and argu- system in accordance with a large m e n t s of t h e p a r t i e s number of Community directives, one of which was Directive 76/769/EEC. Having heard nothing further, on 9 October 1979 the Commission sent a In its application the Commission submits reasoned opinion to Italy pursuant to the that the binding nature of directives, as first paragraph of Article 169 of the to the result to be achieved, implies that Treaty inviting it to adopt within a Member States are bound to observe the period of two months the measures periods laid down by them. needed to discharge its obligations. That reasoned opinion did not receive any reply. The Court declared in the judgment of 26 February 1976 in Case 52/75 This application was lodged on 24 July Commission v Italian Republic [1976] 1980 and registered at the Court on 28 ECR 277 that: July 1980. By a letter of 29 September 1980 the Commission stated its intention not to submit a reply. "The correct application of a directive On hearing the report of the Judge- is particularly important since the Rapporteur and the views of the implementing measures are left to the Advocate General the Court decided to discretion of the Member States and open the oral procedure without any would be ineffective if the desired aims preliminary inquiry. 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 II — C o n c l u s i o n s of the p a r t i e s addressed than the provisions of any other rule of Community law, such an The Commission claims that the Court effect attaches a fortiori to the provisions should: relating to the periods allowed for

implementing the measures prescribed, which has been sent to the Chamber of in particular since the existence of Deputies for scrutiny. differences in the rules applied in the Member States after these periods have The Italian Government observes that expired might result in discrimination." the relatively long duration of the legislative process of delegating authority is due to the high number of directives Furthermore, in the judgment of 11 April involved in that process and thus to the 1978 in Case 100/77 Commission v broad scope of the powers to be Italian Republic [1978] ECR 879 and in delegated; but the time lost will be more the judgment of 22 February 1979 in than made up by the impetus given to Case 163/78 Commission v Italian such comprehensive action for incor- Republic [1979] ECR 771 the Court porating Community principles on stan- made it plain that a Member State dardization. "cannot rely upon domestic difficulties or provisions of its national legal system, even its constitutional system, for the The priority given to the entire purpose of justifying a failure to comply procedure evinces the Italian Govern- with obligations and periods resulting ment's firm intention to meet its Com- from Community directives". munity commitments on directives and is a guarantee that there can be no doubt that the directives on the marketing and the use of dangerous substances and In its defence the Italian Government preparations will be incorporated into stresses that in order to accelerate the the Italian legal system. adaptation of its legal system in accordance with the Community directives it recently took the step of The Commission, represented by Alberto requesting Parliament to delegate the Prozzillo, acting as Agent, and the legislative powers provided for by Article Italian Republic, represented by Ivo 76 of the Constitution in order to fa- Maria Braguglia, Avvocato dello Stato, cilitate by means of decrees the prom- acting as Agent, presented oral argument ulgation of rules, having legal force and at the sitting on 13 January 1981. status, required to implement a number of Community directives. The delegation The Advocate General delivered his was approved by the Senate on 16 July opinion at the sitting on 28 January 1980 when it passed a special draft Law 1981.

3 The Italian Government does not contest that it has not discharged that obligation. It states that "the accelerated process of European integration places on Member States to which directives are addressed under Article 189 of the Treaty a considerable number of obligations concerning the adap­ tation of their internal systems, which, as regards the procedures to be gone through for the enactment of legal rules, may prove more or less difficult depending on the legislative principles in those systems and on the degree of innovation required by the legal system governing the matter in question". It adds that "as Community directives affect relationships governed by law they make it necessary to resort to legislative procedures the duration of which is determined by requirements and events peculiar to the parliamentary process". In order to accelerate the adaptation of its legal system in accordance with the Community directives the Italian Government has taken the step of requesting Parliament to delegate the legislative powers provided for by Article 76 of the Constitution in order to enact by means of decrees rules, having legal force and status, required to implement a number of Community directives, including the one in question. The delegation was approved by the Senate on 16 July 1980 when it passed a special draft Law now under scrutiny by the Chamber of Deputies.

4 Those circumstances cannot 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

On those grounds,

THE COURT

hereby:

1. Declares that, by not adopting within the prescribed period the provisions needed to comply with Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (Official Journal 1976 L 262, p. 201), the Italian Republic has failed to fulfil one of its obligations under the Treaty;

COMMISSION v ITALY

2. Orders the defendant to pay the costs.