61981J0094

MEMBER STATES - OBLIGATIONS - IMPLEMENTATION OF DIRECTIVES - FAILURE TO COMPLY - JUSTIFICATION - NOT POSSIBLE

( EEC TREATY , ART . 169 )

A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

IN CASE 94/81

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY G . MARENCO , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF O . MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , IN THE PERSON OF ITS AGENT , A . SQUILLANTE , HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC LEGAL AFFAIRS , TREATIES AND LEGISLATIVE MATTERS , REPRESENTED AND ASSISTED BY G . FIENGA , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

APPLICATION FOR A DECLARATION THAT BY NOT IMPLEMENTING COUNCIL DIRECTIVE 76/768/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS ( OFFICIAL JOURNAL , 1976 , L 262 , P . 169 ) THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 24 APRIL 1981 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION PURSUANT TO ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/768/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS ( OFFICIAL JOURNAL 1976 , L 262 , P . 169 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2 BY VIRTUE OF ARTICLE 14 OF THE DIRECTIVE THE MEMBER STATES WERE TO BRING INTO FORCE THE PROVISIONS NEEDED TO COMPLY WITH THE DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION . IN THIS CASE THAT PERIOD EXPIRED ON 30 JANUARY 1978 .

3 THE ITALIAN GOVERNMENT HAS STATED THAT THE DIRECTIVE HAS ALREADY BEEN THE SUBJECT OF MEASURES WHICH IMPLEMENT IT IN PART . NEVERTHELESS IT DOES NOT DENY THAT THE ITALIAN REPUBLIC HAS NOT FULFILLED ITS OBLIGATION TO IMPLEMENT THE DIRECTIVE FULLY WITHIN THE PRESCRIBED PERIOD .

4 IN SUM , THE ITALIAN GOVERNMENT JUSTIFIES ITS OMISSION BY THE NEED TO HAVE RECOURSE TO THE LEGISLATIVE PROCEDURE FOR THE PURPOSE OF IMPLEMENTING THE DIRECTIVE . IT PREPARED AN APPROPRIATE DRAFT LAW WHICH , AFTER BEING APPROVED BY THE CABINET ON 22 DECEMBER 1977 , WAS LAID BEFORE THE PARLIAMENT AND APPROVED , IN TURN , BY THE HEALTH COMMITTEE OF THE SENATE WHICH TRANSMITTED IT TO THE CHAMBER OF DEPUTIES FOR FINAL APPROVAL . IN THE MEANTIME , HOWEVER , THE PREMATURE DISSOLUTION OF PARLIAMENT CAUSED THE DRAFT LAW TO LAPSE . THE ITALIAN GOVERNMENT THEREFORE IMMEDIATELY RE-SUBMITTED THE SAME DRAFT LAW TO THE NEW LEGISLATURE . THE DRAFT WAS APPROVED BY THE HEALTH COMMITTEE OF THE SENATE ON 14 MAY 1980 AND TRANSMITTED FOR APPROVAL TO THE 14TH STANDING HEALTH COMMITTEE OF THE CHAMBER OF DEPUTIES WHERE IT IS NOW UNDERGOING FINAL EXAMINATION .

5 THOSE CIRCUMSTANCES DO NOT EXPUNGE THE FAILURE OF THE ITALIAN REPUBLIC TO FULFIL ITS OBLIGATIONS , OF WHICH THE COMMISSION COMPLAINS . ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT A MEMBER STATE MAY NOT PLEAD PROVISIONS , PRACTICES OR CIRCUMSTANCES IN ITS INTERNAL LEGAL SYSTEM TO JUSTIFY A FAILURE TO COMPLY WITH OBLIGATIONS UNDER COMMUNITY DIRECTIVES .

6 IT MUST THEREFORE BE RECORDED THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/768/EEC OF 27 JULY 1976 THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

COSTS

7 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS BEEN UNSUCCESSFUL , IT MUST BE ORDERED TO PAY THE COSTS .

ON THOSE GROUNDS ,

THE COURT

HEREBY :

1 . DECLARES THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 76/768/EEC OF 27 JULY 1976 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COSMETIC PRODUCTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ;

2.ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .