Report for the Hearing delivered in Case 363/85

I — Facts

1. In essence Council Directive 80/502/EEC of 6 May 1980 amending Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs (Official Journal 1980, L 124, p. 17) supplements the definitions of technical terms referred to in Directive 74/63/EEC, namely the terms animals, pet animalsand compound feedingstuffs.

2. The Commission failed to receive from the Italian Government any communication concerning implementation measures and had no other information suggesting that the Italian Republic had fulfilled its obligation to adopt the requisite provisions. Consequently, in a letter dated 22 December 1983 it gave the Italian Government formal notice, in accordance with the procedure provided for in Article 169 of the EEC Treaty, to submit its observations on the matter within two months.

3. By a letter dated 25 February 1984 the Italian authorities replied that a draft law to transpose the provisions and definitions set out in Article 1 (1), (2) and (3) of the directive into national law was under consideration by the Italian Government.

4. Thereafter the Commission received no communication that would allow it to conclude that the requirements imposed on the Italian Republic by the directive in question had been fulfilled. On 7 June 1985 the Commission delivered a reasoned opinion pursuant to the first paragraph of Article 169 of the EEC Treaty in which it stated that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 80/502/EEC, the Italian Republic had failed to fulfil its obligations under the Treaty.

II — Written procedure and conclusions of the parties

1. By an application lodged at the Court Registry on 25 November 1985 the Commission brought an action before the Court, pursuant to the second paragraph of Article 169 of the EEC Treaty, concerning the alleged failure of the Italian Republic to adopt, within the prescribed period, the provisions necessary to comply with Directive 80/502/EEC.

2. Upon hearing the repon of the Judge-Rapporteur and the views of the Advocate General, the Court decided to open the oral procedure without any preliminary inquiry.

3. The applicant, the Commission, claims that the Court should:

4. The defendant, the Italian Republic, claims that the Court should:

III — Submissions and arguments of the parties

1. The Commission states that under the third paragraph of Article 189 of the EEC Treaty directives are binding, as to the result to be achieved, upon each Member State to which they are addressed and that, under the first paragraph of Article 5 of the Treaty, 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. The Commission points out that Article 2 of Directive 80/502/EEC provides that the Member States are to bring into force, on 1 July 1981, the provisions necessary to comply with the directive and that they are to inform the Commission thereof

2. The Italian Government replies that the action is devoid of any legal foundation.

1 Language of the Case: Italian.