C-254/83

COMMISSION OF THE EUROPEAN COMMUNITIES, represented by Alberto Prozzillo, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Manfred Beschel, Jean Monnet Building, Kirchberg,

applicant, v

ITALIAN REPUBLIC, represented by the Avvocato dello Stato, Ivo M. Braguglia, acting as Agent, with an address for service in Luxembourg at the Italian Embassy,

defendant, — Language of the Case: Iulian.

JUDGMENT OF 3. 10. 1984 — CASE 254/83

APPLICATION for a declaration that, by neither adopting nor notifying the measures provided for by Council Regulation (EEC) N o 2967/76 of 23 November 1976 laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks (Official Journal 1976, L 339, p. 1) and Commission Regulation (EEC) No 2785/80 of 30 October 1980 introducing detailed rules for implementing Regulation N o 2967/76 laying down common standards for the water content of frozen and deep- frozen chickens, hens and cocks (Official Journal 1980, L 288, p. 13), the Italian Republic has failed to fulfil its obligations under the Treaty,

COMMISSION v ITALY

Article 7 of the regulation provides that The Commission's application was lod- the implementing provisions are to be ged at the Court Registry on 14 adopted in accordance with the November 1983. procedure laid down in Article 17 of Regulation No 2777/75 of the Council By letter of 31 January 1984, the of 29 October 1975 on the common Commission gave notice that it waived organization of the market in poul- its right to submit a reply. trymeat (Official Journal 1975, L 282, p. 77). Upon hearing the report of the Judge- Rapporteur and the views of the Commission Regulation No 2785/80 Advocate General, the Court decided to lays down detailed rules for im- open the oral procedure without any plementing Regulation No 2967/76. preparatory inquiry. Article 6 provides that the Member States are to take all appropriate measures to impose penalties for any infringement of Regulation No 2967/76. II — C o n c l u s i o n s of t h e p a r t i e s

Under Article 7 of Regulation No 2785/80, each Member State was to The Commission claims that the Court inform the other Member States and the should: Commission before 1 March 1981 of: 1. Declare that, by neither adopting nor notifying the measures provided for The practical control methods adopted by Regulations Nos 2967/76 and pursuant to Article 3 (2) of Regulation 2785/80, the Italian Republic has No 2967/76; and failed to fulfil its obligations under the Treaty; The measures adopted pursuant to Ar- ticle 6 of Regulation No 2785/80. 2. Order the Italian Government to pay the costs. The Commission received no notification from Italy either on or after that date. It therefore initiated the procedure under The Italian Government puts forward no Article 169 of the Treaty by inviting the conclusions. Italian Republic to submit its obser- vations within a period of two months.

2 Since, during the course of the procedure, the Italian Government, by a decree of 12 March 1984 issued by the Ministry of Agriculture and Forests (Gazzetta Ufficiale of 27 March 1984), adopted the practical control measures required by Council Regulation No 2967/76, the Commission, by registered letter of 12 June 1984, withdrew its action in so far as it sought a declaration that the Italian Republic had failed to fulfil its obligations under Regulation N o 2967/76, continuing its action with respect only to Commission Regulation N o 2785/80.

COMMISSION v ITALY

3 As its title indicates, Commission Regulation No 2785/80 lays down the detailed rules for implementing Council Regulation No 2967/76. Article 6 obliges Member States to take all appropriate measures to impose penalties for any infringement of the Council regulation, and Article 7 requires them to inform the other Member States and the Commission, before 1 March 1981, of the practical control methods adopted pursuant to Article 3 (2) of the Council regulation and the provisions adopted in accordance with Article 6 of the Commission regulation.

4 The Italian Government does not deny that it has not fulfilled those obligations. In its defence, it claims that a draft bill has been prepared for the purpose, in particular, of determining the bodies with powers to conduct the checks referred to in Article 3 of the Council regulation and of laying down the penalties for infringement of that regulation and the procedures for the imposition thereof. Since the measures to be adopted involve penalties, they cannot, under Italian law, be adopted by ministerial decree but only in the form of a Law, for which the preparatory procedure is more complex.

THE COURT

hereby:

1. Declares that, by neither adopting nor notifying within the prescribed period the measures provided for by Commission Regulation No 2785/80 of 30 October 1980, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

2. Orders the defendant to pay the costs.

Mackenzie Stuart Koopmans Bahlmann

O'Keeffe Bosco Due Joliét