1 By application lodged at the Registry of the Court of Justice on 16 September 1994, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever (OJ 1991 L 377, p. 1) and with Council Directive 91/688/EEC of 11 December 1991 amending Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (OJ 1991 L 377, p. 18), the Italian Republic has failed to fulfil its obligations under the EC Treaty.
2 Under Article 2 of Directive 91/685 and Directive 91/688, Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with those directives not later than 1 July 1992 and forthwith to inform the Commission thereof.
3 In its statement of defence, the Italian Government submitted the Ministerial Decree of 26 July 1994 published in the Official Gazette of the Italian Republic No 217 of 16 September 1994, which was designed to ensure transposition of Directive 91/688.
4 In its statement of reply, the Commission acknowledged the adoption of those measures and, having established that Directive 91/688 had been correctly transposed into the Italian legal system, declared that it would no longer be pursuing its claim in that regard, although it maintained its application in respect of Directive 91/685.
5 The Italian Republic does not deny that Directive 91/685 was not transposed within the prescribed period but does, however, point out that the legislation intended to transpose it is in the process of being drafted.
6 Since Directive 91/685 was not transposed within the period prescribed by Article 2 thereof, the failure relied on by the Commission in that regard is well founded.
7 It must for that reason be held that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 91/685, the Italian Republic has failed to fulfil its obligations under Article 2 of that directive.
Costs
8 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs.
9 Under Article 69(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs unless the discontinuance is justified by the conduct of the other party.
10 The Commission withdrew some of the complaints set out in its application in so far as the Italian Republic informed it, after the application had been lodged, of the measures necessary to ensure the transposition of Directive 91/688 into its national legal system.
11 It follows that the Commission' s partial discontinuance was justified by the conduct of the Italian Republic, which has, in any event, been unsuccessful with regard to the remainder of the application.
12 The Italian Republic must therefore be ordered to pay the costs.
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Declares that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/685/EEC of 11 December 1991 amending Directive 80/217/EEC introducing Community measures for the control of classical swine-fever, the Italian Republic has failed to fulfil its obligations under Article 2 of Directive 91/685;
2. Orders the Italian Republic to pay the costs.
