Commission of the European Communities v Italian Republic.

• Jurisdiction: European Union
• Celex Number: 61986CJ0116
• ECLI: ECLI:EU:C:1988:111
• Court: Court of Justice (European Union)
• Docket Number: 116/86
• Procedure Type: Action for failure to fulfil obligations - successful
• Date: 03 March 1988

Avis juridique important

|

61986J0116

Judgment of the Court of 3 March 1988. - Commission of the European Communities v Italian Republic. - Failure to transpose into national law a directive concerning brucellosis. - Case 116/86.

European Court reports 1988 Page 01323

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

++++

MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - MERE ADMINISTRATIVE PRACTICES INSUFFICIENT - REQUIREMENT OF LEGAL CERTAINTY

( EEC TREATY, ART . 189 ( 3 ) )

Summary

THE PROVISIONS OF A DIRECTIVE AMENDING AN EARLIER DIRECTIVE SHOULD ALSO BE TRANSPOSED BY BINDING PROVISIONS OF DOMESTIC LAW HAVING THE SAME FORCE AS THOSE TO BE AMENDED .

MERE ADMINISTRATIVE PRACTICES, WHICH MAY BE CHANGED AS THE ADMINISTRATION SEES FIT AND WHICH HAVE NOT RECEIVED APPROPRIATE PUBLICITY, CANNOT BE REGARDED AS CONSTITUTING VALID IMPLEMENTATION OF THE OBLIGATION IMPOSED ON MEMBER STATES TO WHICH A DIRECTIVE IS ADDRESSED UNDER ARTICLE 189 OF THE EEC TREATY .

AMBIGUOUS LEGISLATION WHICH LEAVES THOSE SUBJECT THERETO IN A STATE OF UNCERTAINTY AS TO THE EXTENT TO WHICH THEY MAY RELY ON COMMUNITY LAW DOES NOT FULFIL THE OBLIGATION TO TRANSPOSE A DIRECTIVE INTO NATIONAL LAW .

Parties

IN CASE 116/86

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISERS, ALBERTO PROZILLIO AND GIULIANO MARENCO, ACTING AS AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, JEAN MONNET BUILDING, KIRCHBERG,

APPLICANT,

V

ITALIAN REPUBLIC, REPRESENTED BY LUIGI FERRARI BRAVO, HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC AFFAIRS, ACTING AS AGENT, REPRESENTED IN HIS TURN BY OSCAR FIUMARA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 79/109 OF 24 JANUARY 1979 AMENDING DIRECTIVE 64/432 AS REGARDS BRUCELLOSIS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,

THE COURT

COMPOSED OF : C . KAKOURIS, ACTING AS PRESIDENT, G . BOSCO AND G.C . RODRIGUEZ IGLESIAS ( PRESIDENTS OF CHAMBERS ), T . KOOPMANS, K . BAHLMANN, R . JOLIET AND F . SCHOCKWEILER, JUDGES,

ADVOCATE GENERAL : J . MISCHO

REGISTRAR : B . PASTOR, ADMINISTRATOR

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 8 JULY 1987,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 1 OCTOBER 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 20 MAY 1986, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE 79/109 OF 24 JANUARY 1979 ( OFFICIAL JOURNAL L 29, P . 20 ) AMENDING COUNCIL DIRECTIVE 64/432 OF 26 JUNE 1964 ON ANIMAL HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN BOVINE ANIMALS AND SWINE ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1963-1964, P . 164 ), AS MOST RECENTLY AMENDED BY COUNCIL DIRECTIVE 77/98 OF 21 DECEMBER 1976 ( OFFICIAL JOURNAL 1977 L 26, P . 81 ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 DIRECTIVE 79/109 AMENDED DIRECTIVE 64/432 ESSENTIALLY, ON THE ONE HAND, BY INTRODUCING PROVISIONS CONCERNING "BRUCELLOSIS FREE REGIONS" AND, ON THE OTHER, BY INTRODUCING NEW TECHNIQUES FOR CARRYING OUT HEALTH CHECKS USED TO DETECT THE PRESENCE OF BRUCELLOSIS IN BOVINE ANIMALS TRADED BETWEEN THE MEMBER STATES . ACCORDING TO ARTICLE 10 OF DIRECTIVE 79/109, THE MEMBER STATES ARE TO BRING INTO FORCE THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE BY 1 APRIL 1979 AND ARE FORTHWITH TO INFORM THE COMMISSION THEREOF .

3 SINCE...