Judgment of the Court of 4 February 1981.#Commission of the European Communities v Italian Republic.#Failure of a State to fulfil its obligations - Fertilizers.#Case 44/80.

Parties

IN CASE 44/80

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY GIAN PIERO ALESSI , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MARIO CERVINO , LEGAL ADVISER TO THE COMMISSION , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY ARNALDO SQUILLANTE , ACTING AS AGENT , ASSISTED BY IVO M . BRAGUGLIA , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY BY NOT IMPLEMENTING , WITHIN THE PRESCRIBED PERIOD , COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976 , L 24 , P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977 , L 213 , P . 1 ),

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 4 FEBRUARY 1980 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976 , L 24 , P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977 , L 213 , P . 1 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY .

2 UNDER ARTICLE 12 OF COUNCIL DIRECTIVE 76/116/EEC IN CONJUNCTION WITH ARTICLE 2 OF COMMISSION DIRECTIVE 77/535/EEC , THE MEMBER STATES WERE OBLIGED TO BRING INTO FORCE THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH THOSE DIRECTIVES WITHIN A PERIOD WHICH EXPIRED ON 19 DECEMBER 1977 .

3 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THAT IT HAS NOT FULFILLED THOSE OBLIGATIONS . IT EXPLAINS THE DELAY IN THE INCORPORATION OF THE TWO DIRECTIVES INTO THE NATIONAL LEGAL SYSTEM BY THE NEED FOR THE PREPARATION AND APPROVAL OF A SPECIAL LEGISLATIVE MEASURE WHICH WILL LAY DOWN NEW RULES FOR THE ENTIRE FERTILIZER SECTOR . A DRAFT LAW HAS BEEN LAID BEFORE THE CHAMBERS AND THE PARLIAMENTARY PROCEDURE IS TAKING ITS COURSE . ONCE IT HAS ENTERED INTO FORCE , THAT LAW WILL ENSURE THE INCORPORATION OF COUNCIL DIRECTIVE 77/535/EEC INTO THE NATIONAL LEGAL SYSTEM .

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 IT MUST , THEREFORE , BE HELD THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC AND COMMISSION DIRECTIVE 77/535/EEC , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY .

Decision on costs

6 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .

SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .

Operative part

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY IN ORDER TO COMPLY WITH COUNCIL DIRECTIVE 76/116/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO FERTILIZERS ( OFFICIAL JOURNAL 1976 , L 24 , P . 21 ) AND COMMISSION DIRECTIVE 77/535/EEC OF 22 JUNE 1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO METHODS OF SAMPLING AND ANALYSIS FOR FERTILIZERS ( OFFICIAL JOURNAL 1977 , L 213 , P . 1 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY ;

2.ORDERS THE DEFENDANT TO PAY THE COSTS .