Commission of the European Communities v Italian Republic (252/80)

I —Facts and written procedure

The seven directives in question are as follows :(a) Council Directive 76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers (Official Journal 1976, L 262, p. 143);(b) Council Directive 76/766/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (Official Journal 1976, L 262, p. 149);(c) Council Directive 76/891/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to electrical energy meters (Official Journal 1976, L 336, P- 30);(d) Council Directive 77/95/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to taximeters (Official Journal 1977, L 26, p. 59);(e) Council Directive 77/313/EEC of 5 April 1977 on the approximation of the laws of the Member States relating to measuring systems for liquids other than water (Official Journal 1977, L 105, p. 18);(f) Commission Directive 78/365/EEC of 31 March 1978 adapting to technical progress for the second time Council Directive 71/318/EEC on the approximation of the laws of the Member States relating to gas volume meters (Official Journal 1978, L 104, p. 26);(g) Council Directive 78/629/EEC of 19 June 1978 adapting to technical progress Directive 73/362/EEC on the approximation of the laws of the Member States relating to material measures of length (Official Journal 1978, L 206, p. 18).Those measures belong to a series of directives on the approximation of the laws of the Member States on measuring instruments, a sector expressly provided for in the General Programme for the elimination of technical barriers to trade which result from disparities between the provisions laid down by law, regulation or administrative action in Member States adopted by the Council on 28 May 1969 (Official Journal, English Special Edition, Second Series, IX, p. 25).The basis for all the directives on measuring instruments is the framework directive, Council Directive 71/316/EEC of 26 July 1971 (Official Journal, English Special Edition 1971 (II), p. 707) as amended by Council Directive 72/427/EEC of 19 December 1972 (Official Journal, English Special Edition 1972 (28-30 December), p. 71) and by Annex I to the Act of Accession. That framework directive provides for EEC pattern approval and also for EEC initial verification which applies to any new or reconditioned instrument. Such instruments bear an EEC sign or mark certifying that they have undergone inspection and satisfy the requirements laid down at Community level. The directive also provides for the adoption of individual directives (such as the seven directives in question) which lay down the technical requirements relating to the design and functioning of specific measuring instruments and specify the circumstances in which those instruments must undergo Community controls, that is to say EEC pattern approval and EEC initial verification or only one of those controls.The Member States may neither prevent the placing on the market of instruments which satisfy the technical requirements laid down by the directive nor subject them to further controls at frontiers.The periods within which Member States were obliged to comply with the directives in question by adopting the measures necessary for their implementation expired in the case of the first five Directives (76/765, 76/766, 76/891, 77/95 and 77/313) between 9 May and 2 October 1978 and in the case of the last two Directives (78/365 and 78/629) on 11 April and 22 June 1979 respectively.Since the Italian Republic had neither adopted nor put into force the necessary implementing measures within the periods accorded to it, the Commission decided to initiate against it the procedure laid down by Article 169 of the Treaty for a declaration that it had failed to fulfil its obligations under the Treaty. By a first letter dated 23 May 1979 referring to the first five directives and by a second letter dated 30 October 1979 referring to the last two directives cited above, the Commission invited the Italian Government to submit its observations in accordance with the first paragraph of Article 169.No reply to those letters was received and, after establishing the continued absence of national legal provisions for implementing the directives in question, the Commission delivered a reasoned opinion on 8 April 1980 stating as follows:“By failing to adopt the laws, regulations and administrative provisions necessary to comply with the directives listed in the annex, Italy has failed to fulfil its obligations under those directives.”Since the reasoned opinion evoked no response from the Italian Government and the national provisions required in order to implement the directives had still not been adopted, the Commission brought the matter before the Court of Justice by lodging this application, which was received at the Court Registry on 17 November 1980.The defendant submitted no rejoinder.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

The applicant claims that the Court should:1. Declare that the Italian Republic has failed to fulfil its obligations under the EEC Treaty by failing to adopt within the periods prescribed the provisions necessary for compliance with:(a) Council Directive 76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers;(b) Council Directive 76/766/EEC of 27 June 1976 on the approximation of the laws of the Member States relating to alcohol tables;(c) Council Directive 76/891/EEC of 4 November 1976 on the approximation of the laws of the Member States relating to electrical energy meters;(d) Council Directive 77/95/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to taximeters;(e) Council Directive 77/313/EEC of 5 April 1977 on the approximation of the laws of the Member States relating to measuring systems for liquids other than water;(f) Commission Directive 78/365/EEC of 31 March 1978 adapting to technical progress for the second time Council Directive 71/318/EEC on the approximation of the laws of the Member States relating to gas volume meters;(g) Council Directive 78/629/EEC of 19 June 1978 adapting to technical progress Directive 73/362/EEC on the approximation of the laws of the Member States relating to material measures of length;2. Order the defendant to pay the costs.The defendant did not put forward any formal conclusions.

III —Submissions and arguments of the parties

The applicant claims that “it is common ground that the Member States are bound to comply with Community directives by observing the time-limits” prescribed therein for that purpose and points out that the Court has on a number of occasions given judgment on the failure of a Member State to comply with directives within the periods laid down for their implementation.The defendant states that it is aware that the prompt transposition of directives into national legal systems is important for the attainment of Community objectives.However, the large number of directives places on the Member States “a formidable series of obligations to adapt their internal law”; this often requires recourse to legislation and the time needed for that is determined by requirements and events peculiar to the parliamentary process.In view of those difficulties and “in order to expedite the harmonization of national law with the Community directives”, the Italian Government has applied to Parliament for the delegation of legislative powers. Those powers have already been granted by the Senate and the matter is at present under consideration by the Chamber of Deputies.That request is “proof of the firm intention of the Italian Government to fulfil its Community commitments with regard to directives in the most efficient manner”.In its reply the applicant takes note both of that firm intention and of the initiative taken by the Italian Government in requesting Parliament to delegate legislative powers.Whilst hoping that that initiative meets with rapid success, the Commission feels that it “must nevertheless point out that the Italian Government may not put forward as a means of justifying its failure to fulfil its obligations reasons relating to provisions or practices of internal law or to particular cirumstances of fact existing at national level”. Consequently, it adheres to the conclusions formulated in its application.

IV —Oral procedure

The Commission of the European Communities, represented by G. Marenco, acting as Agent, and the Italian Republic, represented by P. G. Ferri, acting as Agent, presented oral argument at the sitting on 17 June 1981.The Advocate General delivered his opinion at the sitting on 15 September 1981.

Costs