Commission of the European Communities v Italian Republic.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Koopmans
• ECLI: ECLI:EU:C:1983:75
• Date: 15 March 1983
• Docket Number: 145/82
• Procedure Type: Action for failure to fulfil obligations - successful

Avis juridique important

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61982J0145

Judgment of the Court of 15 March 1983. - Commission of the European Communities v Italian Republic. - Failure of a State to fulfil its obligations - Directive on proprietary medicinal products. - Case 145/82.

European Court reports 1983 Page 00711

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

MEASURES ADOPTED BY INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES

( EEC TREATY , THIRD PARAGRAPH OF ART . 189 )

Summary

MERE ADMINISTRATIVE PRACTICES , WHICH BY THEIR NATURE MAY BE ALTERED AT THE WHIM OF THE AUTHORITIES AND LACK THE APPROPRIATE PUBLICITY , CANNOT BE REGARDED AS A VALID FULFILMENT OF THE OBLIGATION IMPOSED BY ARTICLE 189 OF THE TREATY ON MEMBER STATES TO WHICH THE DIRECTIVES ARE ADDRESSED .

Parties

IN CASE 145/82

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY MICHEL VAN ACKERE , ACTING AS AGENT , ASSISTED BY EUGENIO DE MARCH , BOTH MEMBERS OF ITS LEGAL DEPARTMENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

ITALIAN REPUBLIC , REPRESENTED BY ARNALDO SQUILLANTE , PRESIDENT OF SECTION OF THE STATE COUNCIL , HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC AFFAIRS , ACTING AS AGENT , ASSISTED BY PIER GIORGIO FERRI , AVVOCATO DELLO STATO , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIODS THE MEASURES NEEDED TO IMPLEMENT DIRECTIVES NOS 65/65/EEC , 75/318/EEC AND 75/319/EEC ON THE APPROXIMATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO PROPRIETARY MEDICINAL PRODUCTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 11 MAY 1982 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 PERIODS THE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVES NOS 65/65/EEC , 75/318/EEC AND 75/319/EEC ON THE APPROXIMATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO PROPRIETARY MEDICINAL PRODUCTS , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER...