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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Italian Republic. [1984] EUECJ C-254/83 (3 October 1984)
URL: http://www.bailii.org/eu/cases/EUECJ/1984/C25483.html
Cite as: [1984] EUECJ C-254/83

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
   

61983J0254
Judgment of the Court of 3 October 1984.
Commission of the European Communities v Italian Republic.
Failure to adopt and notify implementing measures provided for by a regulation - Water content of frozen poultry.
Case 254/83.
European Court reports 1984 Page 03395

 
   








MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL OBLIGATIONS - JUSTIFICATION - IMPERMISSIBILITY
( EEC TREATY , ART . 169 )


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 LAW .


IN CASE 254/83
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ALBERTO PROZZILLO , A MEMBER OF ITS LEGAL DEPARTMENT , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF MANFRED BESCHEL , JEAN MONNET BUILDING , KIRCHBERG ,
APPLICANT ,
V
ITALIAN REPUBLIC , REPRESENTED BY THE AVVOCATO DELLO STATO , IVO M . BRAGUGLIA , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,
DEFENDANT ,


APPLICATION FOR A DECLARATION THAT , BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1976 , L 339 , P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING REGULATION NO 2967/76 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1980 , L 288 , P . 13 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY ,


1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 14 NOVEMBER 1983 , THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , BY NEITHER ADOPTING NOR NOTIFYING THE MEASURES PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 2967/76 OF 23 NOVEMBER 1976 LAYING DOWN COMMON STANDARDS FOR THE WATER CONTENT OF FROZEN AND DEEP-FROZEN CHICKENS , HENS AND COCKS ( OFFICIAL JOURNAL 1976 , L 339 , P . 1 ) AND COMMISSION REGULATION ( EEC ) NO 2785/80 OF 30 OCTOBER 1980 INTRODUCING DETAILED RULES FOR IMPLEMENTING THE ABOVE-MENTIONED COUNCIL REGULATION ( OFFICIAL JOURNAL 1980 , L 288 , P . 13 ), THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .

2 SINCE , DURING THE COURSE OF THE PROCEDURE , THE ITALIAN GOVERNMENT , BY A DECREE OF 12 MARCH 1984 ISSUED BY THE MINISTRY OF AGRICULTURE AND FORESTS ( GAZZETTA UFFICIALE OF 27 MARCH 1984 ), ADOPTED THE PRACTICAL CONTROL MEASURES REQUIRED BY COUNCIL REGULATION NO 2967/76 , THE COMMISSION , BY REGISTERED LETTER OF 12 JUNE 1984 , WITHDREW ITS ACTION IN SO FAR AS IT SOUGHT A DECLARATION THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL ITS OBLIGATIONS UNDER REGULATION NO 2967/76 , CONTINUING ITS ACTION WITH RESPECT ONLY TO COMMISSION REGULATION NO 2785/80 .
3 AS ITS TITLE INDICATES , COMMISSION REGULATION NO 2785/80 LAYS DOWN THE DETAILED RULES FOR IMPLEMENTING COUNCIL REGULATION NO 2967/76 . ARTICLE 6 OBLIGES MEMBER STATES TO TAKE ALL APPROPRIATE MEASURES TO IMPOSE PENALTIES FOR ANY INFRINGEMENT OF THE COUNCIL REGULATION , AND ARTICLE 7 REQUIRES THEM TO INFORM THE OTHER MEMBER STATES AND THE COMMISSION , BEFORE 1 MARCH 1981 , OF THE PRACTICAL CONTROL METHODS ADOPTED PURSUANT TO ARTICLE 3 ( 2 ) OF THE COUNCIL REGULATION AND THE PROVISIONS ADOPTED IN ACCORDANCE WITH ARTICLE 6 OF THE COMMISSION REGULATION .

4 THE ITALIAN GOVERNMENT DOES NOT DENY THAT IT HAS NOT FULFILLED THOSE OBLIGATIONS . IN ITS DEFENCE , IT CLAIMS THAT A DRAFT BILL HAS BEEN PREPARED FOR THE PURPOSE , IN PARTICULAR , OF DETERMINING THE BODIES WITH POWERS TO CONDUCT THE CHECKS REFERRED TO IN ARTICLE 3 OF THE COUNCIL REGULATION AND OF LAYING DOWN THE PENALTIES FOR INFRINGEMENT OF THAT REGULATION AND THE PROCEDURES FOR THE IMPOSITION THEREOF . SINCE THE MEASURES TO BE ADOPTED INVOLVE PENALTIES , THEY CANNOT , UNDER ITALIAN LAW , BE ADOPTED BY MINISTERIAL DECREE BUT ONLY IN THE FORM OF A LAW , FOR WHICH THE PREPARATORY PROCEDURE IS MORE COMPLEX .

5 THOSE CIRCUMSTANCES DO NOT HOWEVER EXPUNGE THE FAILURE 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 LAW .

6 IT MUST THEREFORE BE HELD THAT , BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR IN COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .


COSTS
7 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .


ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT , BY NEITHER ADOPTING NOR NOTIFYING WITHIN THE PRESCRIBED PERIOD THE MEASURES PROVIDED FOR BY COMMISSION REGULATION NO 2785/80 OF 30 OCTOBER 1980 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ;

2.ORDERS THE DEFENDANT TO PAY THE COSTS .

  
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URL: http://www.bailii.org/eu/cases/EUECJ/1984/C25483.html