C-139/97
ECLI:EU:C:1997:608
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OPINION OF MR ALBER — CASE C-139/97
OPINION OF ADVOCATE GENERAL ALBER delivered on 11 December 1997 *
A — Introduction B — Analysis
2. Member States were required under Article 4 of Directive 94/2/EC to adopt and 1. In the present proceedings brought publish the provisions necessary to comply against the Italian Republic for failure to ful- with the Directive by 31 December 1994 and fil obligations, the Commission requests the forthwith to inform the Commission thereof. Court to: Those provisions were to be applied from 1 January 1995.
1. declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission 3. It is common ground that those provi- Directive 94/2/EC 1 of 21 January 1994 sions were not adopted. implementing Council Directive 92/75/EEC with regard to energy label- ling of household electric refrigerators, freezers and their combinations, or at least by failing to notify those measures, the Italian Republic has failed to fulfil its obligations under that directive; 4. In its defence, the Italian Government submits that the laws, regulations and administrative provisions necessary to trans- pose the basic Council Directive 92/75/EEC 2of 22 September 1992 on the indication by labelling and standard product 2. order the Italian Republic to pay the information of the consumption of energy costs. and other resources by household appliances have not yet been adopted in domestic law,
* Original language: German. 1 — OJ 1994 L 45, p. 1. 2 — OJ 1992 L 297, p. 16.
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COMMISSION v ITALY
and that consequently it has also not been for a subsequent failure to fulfil obligations possible to adopt the implementing provi- in regard to the transposition of implement- sions. ing provisions. The Commission's action must for that reason be treated as well founded.
5. Under Article 14 of Directive 92/75/EEC, the necessary laws, regulations and adminis- trative provisions were to be adopted by 1 July 1993 in order that the provisions Costs could become applicable by 1 January 1994 at the latest.
7. The unsuccessful party must be ordered 6. Failure to ensure the transposition of the to pay the costs in accordance with Article basic provisions cannot provide justification 69(2) of the Rules of Procedure.
C — Conclusion
8. I p r o p o s e that the C o u r t rule as follows:
(1) B y failing t o a d o p t t h e laws, regulations and administrative provisions neces- sary t o c o m p l y w i t h C o m m i s s i o n Directive 9 4 / 2 / E C of 21 J a n u a r y 1994 i m p l e m e n t i n g C o u n c i l Directive 9 2 / 7 5 / E E C w i t h regard t o energy labelling of h o u s e h o l d electric refrigerators, freezers and their c o m b i n a t i o n s , t h e Italian R e p u b l i c has failed t o fulfil its obligations u n d e r that directive;
(2) T h e Italian R e p u b l i c is o r d e r e d t o p a y t h e costs of t h e proceedings.
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