C-225/86
ECLI:EU:C:1987:451
- Súd
- Súdny dvor Európskej únie
- IČS
- 61986CC0225
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LENZ — CASE 225/86
O P I N I O N OF MR ADVOCATE GENERAL LENZ delivered o n 21 O c t o b e r 1 9 8 7 *
4. T o that end it is not enough to stop the Mr President, conduct complained of and to initiate a Members of the Court, procedure for the amendment of the law in question; rather, it is necessary, as the judgment in Case 131/84 3 shows, that that procedure should be concluded. Furthermore, it was also held in that judgment that measures to that effect (that is to say, measures which effectively alter 1. It appears that the legal situation in Italy the legal situation) are to be adopted in the is not yet in conformity with the Court's shortest possible period. In this case, such a judgment of 7 February 1984 in Case period — calculated from the delivery of the 166/82 · (in which it was held that Articles judgment on 7 February 1984 — has long 10 and 11 of Italian Law N o 306 of 8 July since elapsed. 1975 are not consistent with Regulation (EEC) No 804/68 2 on the common organ- ization of the market in milk and milk products).
5. In so far as the Italian Government refers to problems and difficulties connected with the Italian legislative procedure, it is 2. The Court has been informed by the sufficient to point to the standard formula Italian Republic that the contested used in previous judgments, which covers provisions have ceased to be applied — in precisely such circumstances (a Member any event, since the judgment of 7 February State may not plead provisions, practices or 1984 — and that on 8 October 1987 the circumstances existing in its internal legal Government laid before the newly-elected system in order to justify a failure to comply Chambers of the Italian Parliament a draft with its obligations under Community law). law for the repeal of the provisions at issue. Furthermore, according to the judgment in joined Cases 314 to 316/81 and 8 3 / 8 2 , ' aii the institutions of a Member State must ensure that judgments of the Court are complied with. If, therefore, it is found that certain lega! provisions are incompatible 3. This means that the Italian Republic has with Community law, the relevant legislative not taken all the necessary measures authority is under a duty to amend those pursuant to Article 171 of the EEC Treaty provisions. to comply with the aforesaid judgment. 3 — Judgment of 6 November 1985 in Case 131/84 Commission v /to/y[1985]ECR3531. * Translated from the German. 4 — Judgment of 14 December 1982 in Joined Cases 314 to 1 — Judgment of 7 February 1984 ¡n Case 166/82 Commission v 316/81 and 83/82 Procureur de la république and comité /tañan Republic [1984] ECR 459. national de déjense contre l'alcoolisme v Waterkeyn and 2 — Official Journal, English Special Edition 1968 (I), p. 176. Others [1982] ECR 4337.
COMMISSION v ITALY
6. Accordingly, the Commission's application should be upheld and the Court should declare that, by failing to comply with the judgment of the Court of Justice in Case 166/82 concerning the formation of the producer price for milk, the Italian Republic has failed to fulfil its obligations under the EEC Treaty.