C-69/86

My Lords, In its defence the Italian Government has referred to the difficulties which it encountered in putting this scheme into effect. It said that it has undertaken a detailed study to look into the complex On 15 November 1983 the Court, on the problems involved and that under a bill application of the Commission, declared which was laid before the Chamber of that Italy had failed to fulfil its obligations Deputies on 13 March 1986 there was a under the Treaty in that it had not put into plan to set up a specialized organization effect quality controls of fruit and which would be responsible for im­ vegetables marketed within Italian territory, plementing the Community regulations. The as required under Article 8(1) of Regulation Court has been told today that that bill has No 1035/72 (Official Journal English not yet attained the force of law and that Special Edition 1972 (II), p. 427) and in that the infrastructure needed to carry out the it had not provided monthly statements Italian Government's obligations does not relating to the inspections carried out yet exist. during the previous month, as required by Article 5(1) of Regulation No 2638/69 (Official Journal English Special Edition, 1969 (II), p. 611) as amended by Commission Regulation No 2150/80 (Official Journal 1980, L 210, p. 5)(Case 322/82 Commission v Italy [1983] ECR 3689). It is to be remembered that in its judgment on 15 November 1983 the Court, whilst appreciating the difficulties of the Italian Government, referred to the fact that the organization of the market in fruit and vegetables had been established in 1962 and that its current form had been in existence since 1972. The Court added this: 'Although the setting up of an effective Some 15 months after that judgment was system of inspection may have met with given the Commission wrote to ask the genuine difficulties in the circumstances set Italian Government for its observations. It out above, the period which has elapsed received nothing but an application for an since the implementation of the rules extension of time which the Commission defining the common organization of the granted. Having received no further infor­ market ought to have enabled the Italian mation the Commission, following the issue authorities to take long ago the necessary of a reasoned opinion, began these steps to resolve the existing difficulties, to proceedings on 11 March 1986 for a ensure the introduction of effective declaration that Italy was in breach of machinery for inspections and to comply Article 171 of the Treaty in that it had with the requirements as to notification laid failed to give effect to the Court's judgment. down in Reguladon No 2150/80'.