C-30/81
ECLI:EU:C:1981:317
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JUDGMENT OF T H E COURT 17 DECEMBER 1981 1
Commission of the European Communities v Government of the Italian Republic
(Failure to fulfil an obligation — Implementation of harmonization directives)
Joined Cases 30 to 34/81
Member States — Obligations — Implementation of directives — Failure to fulfil obligations —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.
In Joined Cases 30 to 34/81
COMMISSION OF THE EUROPEAN COMMUNITIES, represented by G. P. Alessi, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of O. Montalto, a member of its Legal Department, Jean Monnet Building, Kirchberg,
applicant, v
GOVERNMENT OF THE ITALIAN REPUBLIC, in the person of its Agent, A. Squillante, Head of the Department of Diplomatic Legal Affairs, Treaties and Legislative Matters, represented and assisted by P. G. Ferri, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy,
defendant, 1 — Language of the Case: Italian
JUDGMENT OF 17. 12. 1981 — JOINED CASES 30 TO 34/81
APPLICATION for declarations that the Italian Republic has failed to fulfil its obligations under the EEC Treaty by failing to implement within the pre- scribed period five directives concerning the environment programme,
T H E COURT
composed of: J. Mertens de Wilmars, President, G. Bosco and O. Due, (Presidents of Chambers), A. O'Keeffe, T. Koopmans, A. Chloros and F. Grévisse, Judges,
Advocate General: S. Rozès Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts and Issues
The facts of the case, the course of (c) Council Directive 75/442/EEC of 15 the procedure and the conclusions, July 1975 on waste (Official Journal submissions and arguments of the parties L 194, p. 47); may be summarized as follows: (d) Council Directive 76/160/EEC of 8 December 1975 concerning the I — Facts and procedure quality of bathing water (Official Journal L 31, p. 1);
The following five directives are at issue: (e) Council Directive 76/403/EEC of 6 April 1976 on the disposal of (a) Council Directive 75/439/EEC of 16 polychlorinated biphenyls and June 1975 on the disposal of waste polychlorinated terphenyls (Official oils (Official Journal L 194, p. 31); Journal L 108, p. 41).
(b) Council Directive 75/440/EEC of 16 June 1975 concerning the quality Those directives constitute a series of required of surface water intended Community measures based on Articles for the abstraction of drinking water 100 and 235 of the Treaty. They have in the Member States (Official been adopted as the part of Community Journal L 194, p. 34); policy on environmental protection and
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are aimed first at abolishing certain Italy had failed to fulfil its obligations differences between the laws of the thereunder. Member States capable of having a direct effect on the operation of the common market by creating, in particular, an Since identical answers relating to imbalance in the conditions of legislative difficulties were given in competition and, secondly, at achieving, response to the reasoned opinions and by means of Community legislation the national provisions needed to give which is wider in scope, certain effect to the directives had still not been objectives concerning environmental and adopted, the Commission brought the health protection. matter before the Court by means of the present applications which were received at the Registry on 16 and 17 February 1981. All five directives accord the Member States a two-year period within which to comply with the Community rules. That The defendant has not submitted a period expired, in the case of the first rejoinder. two directives (75/439/EEC and 75/440/EEC), on 18 June 1977 and, in On hearing the report of the Judge- the case of the others (75/442/EEC, Rapporteur and the views of the 76/160/EEC and 76/403/EEC), on 18 Advocate General, the Court decided, by July 1977, 11 December 1977 and 9 order of 30 September 1981, to join the April 1978 respectively. five cases for the purposes of the oral procedure and of the judgment and to open the oral procedure without any Since the Italian Republic failed to adopt preparatory inquiry. the implementing measures within the prescribed period, the Commission decided to initiate against it the procedure, provided for in Article 169 of II — C o n c l u s i o n s of t h e p a r t i e s the Treaty, for a declaration that it had failed to fulfil its obligations. By letters of 9 January 1979 and 3 July 1979 The applicant claims that the Court respectively, the Commission requested should: the Italian Government to submit its observations, in accordance with the first paragraph of Article 169. 1. Declare that by failing to bring into force, within the prescribed period, the measures needed to comply with the following directives : Three of those letters failed to evoke any response. Taking the view that the answers to the other two letters were (a) Council Directive 75/439/EEC of inadequate and after finding that the 16 June 1975 on the disposal of national provisions for giving effect to waste oils (Official Journal L 194, the directives in question had still not p. 31); been adopted, the Commission delivered on 19 May and 23 July 1980 five (b) Council Directive 75/440/EEC of reasoned opinions in which it stated that 16 June 1975 concerning the by failing to bring into force the laws, quality required of surface water regulations and administrative provisions intended for the abstraction of needed to comply with the directives, drinking water in the Member
JUDGMENT OF 17. 12. 1981 — JOINED CASES 30 TO 34/81
States (Official Journal L 194, the Member States an impressive series p. 34); of obligations to amend national legal systems, often requiring recourse to the (c) Council Directive 75/442/EEC of adoption of legislation, a procedure the 15 July 1975 on waste (Official duration of which is determined by the Journal L 194, p. 47); requirements and events of the par- (d) Council Directive 76/160/EEC of liamentary process. 8 December 1975 concerning the In order to shorten the period needed quality of bathing water (Official for adaptation, the Italian Government Journal L 31, p. 1); asked Parliament for a delegation of (e) Council Directive 76/403/EEC of legislative power which has already been 6 April 1976 on the disposal granted by the Senate and is at present of polychlorinated biphenyls before the Chamber of Deputies. and polychlorinated terphenyls (Official Journal L 108, p. 41); That step confirms the Italian Government's firm intention of the Italian Republic has failed to fulfil honouring, in the most effective manner, its obligations under the EEC Treaty; its Community commitments in the matter of directives. 2. Order the defendant to pay the costs, In its reply, the applicant takes formal The defendant has not submitted any note of the Italian Government's formal conclusions. declarations but maintains its conclusions.
Ill — Submissions and argu- ments of the parties IV — Implementation of direc- tives in the Member States The applicant contends that the Court has confirmed, in a consistent line of The Commission has provided the decisions, that the binding force of following information : directives imposes an obligation on the Member States to comply with the time- Greece has implemented none of the five limits prescribed by such directives for directives but at present a comprehensive bringing into force the provisions solution is being examined. In the case of amending national law. the other Member States, the situation is as follows: A Member State commits a breach of the Treaty regardless of the institution of the (a) Directive 75/439/EEC on the dis- State whose acts or omissions have posal of waste oils has been resulted in non-implementation. Non- implemented in seven Member implementation may not be justified by States. The Commission has national rules or practices, or even by instituted proceedings against special factual circumstances at national Belgium for failure to fulfil its level. obligations. The defendant states that it is aware of (b) Directive 75/440/EEC concerning the importance, for the achievement of the quality required of surface water Community objectives, of the prompt intended for the abstraction of incorporation of directives in national drinking water in the Member States legal systems. However, the particularly has been implemented by five rapid pace of harmonization imposes on Member States. Belgium and the
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Netherlands have implemented it in (e) Directive 76/403/EEC on the part and proceedings have been disposal of polychlorinated biphenyls initiated against them for failure to and polychlorinated terphenyls has fulfil their obligations. Luxembourg been implemented in seven Member is in the process of implementing the States. Belgium has implemented it directive. only in part and the Commission has commenced proceedings against it (c) Directive 75/442/EEC on waste has for failure to fulfil its obligations. been implemented by seven Member States. Belgium has implemented it in part and proceedings have been V — Oral procedure instituted against it for failure to fulfil its obligations. At the sitting on 11 November 1981, oral (d) Directive 76/160/EEC of 8 argument was presented by the December 1975 concerning the following: P. G. Ferri, Avvocato dello quality of bathing water has been Stato, acting as Agent for the Italian implemented by six Member States. Government and G. P. Alessi, a member Belgium and the Netherlands have of the Commission's Legal Department, implemented it in part and acting as Agent, for the Commission. proceedings have been instituted against them for failure to fulfil their The Advocate General delivered his obligations. opinion on 2 December 1981.
Decision
1 By applications lodged at the Court Registry on 16 and 17 February and on 24 April 1981, the Commission brought before the Court, pursuant to Article 169 of the EEC Treaty, five actions for a declaration that the Italian Republic had failed to fulfil its obligations under the Treaty by failing to adopt, within the prescribed periods, the provisions needed in order to comply with the following directives:
(a) Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (Official Journal L 194, p. 31);
(b) Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (Official Journal L 194, p. 34);
JUDGMENT OF 17. 12. 1981 — JOINED CASES 30 TO 34/81
(c) Council Directive 75/442/EEC of 15 July 1975 on waste (Official Journal L 194, p. 47);
(d) Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (Official Journal L 31, p. 1);
(e) Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (Official Journal L 108, p. 41).
2 Each directive laid down that the Member States were to bring into force the measures needed in order to comply with it within a period of two years. The period expired, in the case of the first two directives (75/439/EEC and 75/440/EEC), on 18 June 1977 and, in the case of the others (75/442/EEC, 76/160/EEC and 76/403/EEC), on 18 July 1977, 11 December 1977 and 9 April 1978 respectively.
3 The Italian Government does not dispute that it has failed to fulfil that obligation. It states that the delay in implementing the directives stems from the need to have recourse to the adoption of legislation in order to implement the said directives, a procedure which entails the observance of certain time-limits determined by the requirements and events inherent in the parliamentary process. Faces with those difficulties, the Italian Government has asked Parliament for a delegation of legislative powers. Although the delegation has already been approved by the Senate it is still being examined by the Chamber of Deputies.
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 Therefore it must be held that by failing to adopt, within the prescribed period, the provisions needed in order to comply with Council Directives 75/439/EEC and 75/440/EEC of 16 June 1975, 75/442/EEC of 15 July
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1975, 76/160/EEC of 8 December 1975 and 76/403/EEC of 6 April 1976, 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.
7 Since the defendant has failed in its submissions it must be ordered to pay the costs.
On those grounds,
THE COURT
hereby:
1. Declares that by failing to adopt within the prescribed period the provisions needed in order to comply with the following directives:
(a) Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils;
(b) Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States;
(c) Council Directive 75/442/EEC of 15 July 1975 on waste;
(d) Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water;
OPINION OF MRS ROZÈS — JOINED CASES 30 TO 34/81
(e) Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls;
the Italian Republic has failed to fulfil its obligations under the Treaty;
2. Orders the defendant to pay the costs.
Mertens de "Wïlmars Bosco Due
O'Keeffe Koopmans Chloros Grévisse
Delivered in open court in Luxembourg on 17 December 1981.
A. Van Houtte J. Mertens de Wilmars Registrar President
OPINION OF MRS ADVOCATE GENERAL ROZÈS DELIVERED O N 2 DECEMBER 1981 1
Mr President, The directives in question are based on Members of the Court, Articles 100 and 235 of the EEC Treaty The Commission of the European and are designed either to eliminate sub- Communities has brought before this stances which are poisonous (waste oils, Court five actions against the Italian waste) and cannot be broken down Republic for failure to fulfil its (polychlorinated biphenyls and obligations on the ground that it had polychlorinated terphenyls) or to protect failed to adopt, within the prescribed the quality of surface water intended for period of two years, the provisions the abstraction of drinking water in the needed in order to comply with five Member States and the quality of directives concerning the programme for bathing water. Their purpose is therefore the protection of the environment. to afford the same degree of protection within the Community to the health of By your order of 30 September 1981, individuals and to the environment and, those five cases were joined for the moreover, to abolish certain differences purposes of the oral procedure and the between the laws of the Member States judgment. 1 — Translated from the French.