Commission of the European Communities v Italian Republic (29/81)

I —Facts and written procedure

The purpose of Directive No 74/562 is to promote the organization of the transport market, which has an essential role to play in implementing the common transport policy provided for by Article 74 et seq. of the Treaty. Rules adopted at Community level and the resulting coordination of the conditions for admission to the occupation of road passenger operator also encourage proper exercise of the right of establishment. By improving operators' qualifications the directive also aims to improve conditions on the market and enhance the quality of service as well as to ensure road safety.For the purpose of the directive “the occupation of road passenger transport operator” means the activity of persons operating by means of motor vehicles suitable for carrying more than nine persons passenger transport services for the public or for specific categories of users against payment (Article 1 (2)).Article 1 (3) allows for exemptions from the application of the directive in the case of transport operations which have only a minor impact on the market and which are carried out by persons who are not engaged in passenger transport for commercial purposes or whose main occupation is not that of road passenger transport operator.Article 2, the provisions of which are crucial to the directive, lays down the requirements for engaging in the occupation of road passenger transport operator. The requirements are :(a) “good repute”;(b) “appropriate financial standing”, which consists in having available sufficient financial resources to ensure the launching and proper administration of the undertaking;(c) “professional competence”.While the adoption of detailed rules for applying the conditions referred to at (a) and (b) is left to the Member States for a transitional period pending subsequent coordination at the Community level, the condition concerning “professional competence” is governed directly by Article 2 (4) in conjunction with the annex to the directive.As to the implementation of the directive Article 6 provides as follows:1. Member States shall, after consulting the Commission and before 1 January 1977, adopt the measures necessary for the implementation of this directive, in particular Article 2 (4) thereof.2. Member States shall ensure that the procedure for official verification of the skills mentioned in Article 2 (4) shall become operative for the first time before 1 January 1978”.The Italian Republic did not adopt the measures necessary for implementing the directive by 1 January 1977 as required by Article 6.By letter of 26 March 1979 the Italian Permanent Representative stated that the reason for the delay was the need to keep the transmission into national law of the directive in question separate from that of Directive No 74/561 on admission to the occupation of road haulage operator (failure to implement which is the subject-matter of Case 28/81): the conversion of both directives into national law could not proceed as originally envisaged owing to the unforeseen difficulties to which the implementation of Directive No 74/561 gave rise. In any case the Commission was informed that the Italian authorities responsible for such matters had decided to adopt the measures necessary to commence at an early date the parliamentary procedure concerning the draft law on the adoption of Directive No 74/562.By letter of 7 June 1979 the Commission informed the Italian Government that in its opinion Italy had failed to fulfil its obligations under the Treaty, and gave it the opportunity of submitting its observations within a period of two months.In the absence of any reply from the Italian Government, and having established the continued absence of national legal provisions on the adoption of the necessary measures, the Commission delivered to Italy on 15 April 1980 the reasoned opinion provided for in the first paragraph of Article 169 of the Treaty requesting that country to adopt within two months the measures necessary to fulfil its obligations. The Italian Government acknowledged receipt of the reasoned opinion but took no further action. At the present date it appears that the national measures to adapt the national law have not been taken.This application, dated 12 February 1980, was received at the Court Registry on 16 February. The Italian Government stated by telephone that it did not intend to lodge a rejoinder.On 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.