JUDGMENT OF 3. 10. 1984 — CASE 279/83 COMMISSION v ITALY

In Case 279/83

THE COURT composed of Lord Mackenzie Stuart, President, T. Koopmans and K. Bahlmann (Presidents of Chambers), A. O'Keeffe, G. Bosco, O. Due and R. Joliét, Judges, Advocate General: C. O. Lenz Registrar: D. Lou termán, Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

IV — Oral procedure

Decision

Costs

I —. Facts and written procedure

1. Council Directive No 79/1071 of 6 December 1979 provides for the extension to valued-added tax of the system of mutual assistance, between Member States, in the recovery of claims resulting from operations forming part of the system for financing the European Agricultural Guidance and Guarantee Fund, and in the recovery of agricultural levies and customs duties. The system in question was established by Council Directive No 76/308 of 15 March 1976 (Official Journal 1976, L 73, p. 18).

2. By a letter dated 28 July 1980 the permanent representative of the Italian Republic. informed the Commission of the intention of the Italian Government to adopt the measures needed to comply with Directive No 79/1071. There was no follow-up to that letter, for the Italian Republic did not inform the Commission of any provisions taken to comply with the directive in question.

3. By a letter dated 1 October 1981 the Commission informed the Italian Government that it considered that Italy had failed to fulfil its obligations under the Treaty and invited it to submit its observations within one month.

4. By a letter dated 4 January 1982 the Permanent Representation of Italy informed the Commission that the Italian Government was in the process of preparing the measures needed to implement the directive.

5. The Commission took the view that the answer from the Italian Government was unsatisfactory since no mesure had yet been adopted. On 13 July 1982 it delivered a reasoned opinion, pursuant to the first paragraph of Article 169 of the Treaty, inviting it to adopt within a period of two months the measures needed to fulfil its obligations.

6. By a letter dated 28 July 1982 the Permanent Representation of Italy confined itself to acknowledging receipt of the reasoned opinion. In a telex message of 21 September 1982 it stated that for internal reasons relating to the legislative procedure a new bill had been submitted to the Italian Parliament.

7. The present application dated 14 December 1983 was received at the Court Registry on 19 December 1983. In a latter dated 6 February 1984 the Commission waived its right to lodge a reply.

8. Upon hearing the report of the Judge-Rapporteur and the views of the Advocate General, the Court decided to open the oral procedure without any preparatory inquiry.

II —. Conclusions of the parties

III —. Submissions and arguments of the parties

1. In its application the Commission emphasizes that pursuant to the third paragraph of Article 189 of the Treaty a directive is binding, as to the result to be achieved, upon each Member State to which it is addressed. Further, the first paragraph of Article 5 of the Treaty provides that Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty or resulting from action taken by the institutions of the Community.

2. In its defence the Italian Government states that, as it has already informed the Commission, bills were prepared to implement the directive in question. Nothing however came of them because the legislature was dissolved. However, a new bill is now in preparation and the Italian Government hopes to see the legislative process relating thereto speedily concluded so that the present action may be regarded basically as having lost its purpose.

IV —. Oral procedure

1. By an application received at the Court Registry on 19 December 1983 the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that the Italian Republic had failed to fulfil its obligations under that Treaty by not adopting within the period prescribed the measures needed to comply with Council Directive No 79/1071 of 6 December 1979 amending Directive No 76/308 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing of the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties (Official Journal 1979, L 331, p. 10).

2. Directive No 79/1071 provides for the extension to value-added tax of the system of mutual assistance between the Member States, in relation to the recovery of claims, established by Directive No 76/308 of the Council of 15 March 1976 (Official Journal 1976, L 73, p. 18). Article 3 of Directive No 79/1071 required Member States to take the measures necessary to comply with the directive by 1 January 1981.

3. The Italian Government does not deny that it has not fulfilled that obligation. It states that the delay in the implementation of the directive is due to the fact that the bill introduced into the Italian Parliament for that purpose came to nothing because of the dissolution of Parliament. It adds that a new bill is at present in the process of preparation for the purpose of implementing the directive in question as quickly as possible.

4. Those circumstances cannot expunge the failure with which the Italian Republic is charged. The Court has consistently held that a Member State cannot rely on provisions, practices or situations in its internal legal system to justify a failure to comply with obligations or time-limits imposed by Community directives.

5. It must therefore be declared that by failing to adopt within the period prescribed the measures needed to comply with Council Directive No 79/1071 of 6 December 1979 the Italian Republic has failed to fulfil its obligations under the Treaty.

6. Under Article 69 (2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs. Since the defendant has been unsuccessful it must be ordered to pay the costs.

On those grounds, THE COURT hereby:

1 Declares that by failing to adopt within the period prescribed the measures needed to comply with Council Directive No 79/1071 of 6 December 1979 amending Directive No 76/308 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing of the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;

2 Orders the defendant to pay the costs.