JUDGMENT OF 22. 2. 1979 — CASE 163/78 COMMISSION v ITALY

In Case 163/78

THE COURT composed of: J. Mertens de Wilmars (President of the First Chamber), Acting President, Lord Mackenzie Stuart (President of the Second Chamber), A. M. Donner, P. Pescatore, M. Sørensen, A. O'Keeffe and G. Bosco, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

IV — Oral procedure

Decision

Costs

I —. Facts and procedure

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

IV —. Oral procedure

1. By an application received at the Court Registry on 28 July 1978, the Commission, in pursuance of Article 169 of the EEC Treaty, applied to the Court for a declaration that, by failing to adopt, within the prescribed period, the provisions necessary to comply with Council Directive No 75/324 of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (Official Journal L 147, p. 40) the Italian Republic had failed to fulfil an obligation under the Treaty.

2. Under Article 11 of the directive the Member States were to bring into force the provisions necessary to comply with the directive within 18 months of its notification, a period which in this case expired on 21 November 1976.

3. The defendant does not contest the alleged failure.

4. The defendant has merely stated that the delay in bringing the directive in question into force was due, on the one hand, to the necessity of adopting a legislative measure and, on the other hand, to the fact that the actual subject-matter of the directive required prior consultation with various competent administrative authorities.

5. It must be remembered that 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 the obligations and time-limits imposed by Community directives.

6. It must accordingly be declared that by not adopting within the prescribed period the provisions necessary to comply with Council Directive No 75/324 of 20 May 1975, the Italian Republic has failed to fulfil an obligation under the Treaty.

7. Under Article 69 (2) of the Rules of Procedure the unsuccessful party shall be ordered to pay the costs if they have been asked for in the successful party's pleading.

8. The defendant has failed in its submissions and must therefore be ordered to pay the costs.

On those grounds, THE COURT hereby:

1 Rules that, by failing to adopt, within the prescribed period, the measures necessary to comply with Council Directive No 75/324 of 20 May 1975, the Italian Republic has failed to fulfil an obligation under the Treaty;

2 Orders the defendant to bear the costs.