C-252/80

JUDGMENT OF THE COURT 13 O C T O B E R 1981

Commission of the European Communities ν Italian Republic

(Failure of a State to fulfil its obligations — Implementation of harmonizing directives)

Case 252/80

Member States — Obligations — Implementation of directives — Failure to fulfil — Justification — Not possible (EEC Treaty, Art. 169)

A Member State may not plead order to justify a failure to comply with provisions, practices or circumstances obligations resulting from Community existing in its internal legal system in directives.

THE COURT

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

Advocate General: Sir Gordon Slynn Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

liquids other than water (Official laid down at Community level. The Journal 1977, L 105, p. 18); directive also provides for the adoption of individual directives (such as the seven (f) Commission Directive 78/365/EEC directives in question) which lay down of 31 March 1978 adapting to the technical requirements relating to the technical progress for the second design and functioning of specific time Council Directive 71/318/EEC measuring instruments and specify the on the approximation of the laws of circumstances in which those instruments the Member States relating to gas must undergo Community controls, that volume meters (Official Journal is to say EEC pattern approval and EEC 1978, L 104, p. 26); initial verification or only one of those

were obliged to comply with the Those measures belong to a series of directives in question by adopting the directives on the approximation of the measures necessary for their im laws of the Member States on measuring plementation expired in the case of the instruments, a sector expressly provided first five Directives (76/765, 76/766, for in the General Programme for the 76/891, 77/95 and 77/313) between 9 elimination of technical barriers to trade May and 2 October 1978 and in the case which result from disparities between the of the last two Directives (78/365 and provisions laid down by law, regulation 78/629) on 11 April and 22 June 1979 or administrative action in Member respectively. States adopted by the Council on 28 May 1969 (Official Journal, English Since the Italian Republic had neither Special Edition, Second Series, IX, adopted nor put into force the necessary p. 25). implementing measures within the periods accorded to it, the Commission The basis for all the directives on decided to initiate against it the measuring instruments is the framework procedure laid down by Article 169 of directive, Council Directive 71/316/EEC the Treaty for a declaration that it had of 26 July 1971 (Official Journal, English failed to fulfil its obligations under the Special Edition 1971 (II), p. 707) Treaty.

Such instru No reply to those letters was received ments bear an EEC sign or mark and, after establishing the continued certifying that they have undergone absence of national legal provisions for inspection and satisfy the requirements implementing the directives in question,

the Commission delivered a reasoned mation of the laws of the Member opinion on 8 April 1980 stating as States relating to electrical energy follows: meters; "By failing to adopt the laws, regulations (d) Council Directive 77/95/EEC of and administrative provisions necessary 21 December 1976 on the approxi- to comply with the directives listed in the mation of the laws of the Member annex, Italy has failed to fulfil its States relating to taximeters; obligations under those directives." Since the reasoned opinion evoked no (e) Council Directive 77/313/EEC of response from the Italian Government 5 April 1977 on the approxi- and the national provisions required in mation of the laws of the Member order to implement the directives had States relating to measuring still not been adopted, the Commission systems for liquids other than brought the matter before the Court of water; Justice by lodging this application, which was received at the Court Registry on 17 (f) Commission Directive 78/365/ November 1980. EEC of 31 March 1978 adapting to technical progress for the The defendant submitted no rejoinder. second time Council Directive 71/318/EEC on the approxi- Upon hearing the report of the Judge- mation of the laws of the Member Rapporteur and the views of the States relating to gas volume Advocate General, the Court decided to meters; open the oral procedure without any preparatory inquiry. (g) Council Directive 78/629/EEC of 19 June 1978 adapting to technical progress Directive II — Conclusions of the parties 73/362/EEC on the approxi- mation of the laws of the Member The applicant claims that the Court States relating to material should: measures of length; 1. Declare that the Italian Republic has 2. Order the defendant to pay the costs. failed to fulfil its obligations under the EEC Treaty by failing to adopt within the periods prescribed the The defendant did not put forward any provisions necessary for compliance formal conclusions. with: (a) Council Directive 76/765/EEC of 27 July 1976 on the approxi- III — Submissions and arguments mation of the laws of the Member of the parties States relating to alcoholometers and alcohol hydrometers; The applicant claims that "it is common (b) Council Directive 76/766/EEC of ground that the Member States are 27 June 1976 on the approxi- bound to comply with Community mation of the laws of the Member directives by observing the time-limits" States relating to alcohol tables; prescribed therein for that purpose and points out that the Court has on a (c) Council Directive 76/891/EEC of number of occasions given judgment on 4 November 1976 on the approxi- the failure of a Member State to comply

Decision

1 By an application lodged at the Court Registry on 17 November 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 periods the provisions needed in order to comply with the following series of seven directives on measuring instruments, the Italian Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the EEC Treaty:

JUDGMENT OF 13. 10. 1981 — CASE 252/80

3 The Italian Government does not dispute the fact that it has not fulfilled that obligation. It states that the delay in implementing the directives arises from the need to have recourse to legislation in order to put them into effect, necessitating a period of time which is determined by requirements and events peculiar to the parliamentary process; in view of those difficulties the Italian Government has applied to Parliament for the delegation of legislative powers, which has already been approved by the Senate but is still under consideration by the Chamber of Deputies.

COMMISSION ν ITALY

4 These 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 periods, the provisions necessary in order to comply with the above- mentioned directives the Italian Republic has failed to fulfil its obligations under the Treaty.

Costs

6 Under Article 69 (2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs. Since the defendant has failed in its submissions, it must be ordered to pay the costs.

(c) Council Directive 76/891/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to electrical energy meters (Official Journal 1976, L 336, p. 30);

(d) Council Directive 77/95/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to taxi- meters (Official Journal 1977, L 26, p. 59);

(e) Council Directive 77/313/EEC of 5 April 1977 on the approxi- mation of the laws of the Member States relating to measuring systems for liquids other than water (Official Journal 1977, L 105, p. 18);

(f) Commission Directive 78/365/EEC of 31 March 1978 adapting to technical progress for the second time Council Directive 71/318/EEC on the approximation of the laws of the Member States relating to gas volume meters (Official Journal 1978, L 104, p. 26);

(g) Council Directive 78/629/EEC of 19 June 1978 adapting to technical progress Directive 73/362/EEC on the approximation of the laws of the Member States relating to material measures of length (Official Journal 1978, L 206, p. 8);

2. Orders the defendant to pay the costs.