IN CASE 49/86
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY GUIDO BERARDIS, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, ASSISTED BY SILVIO PIERI, AN ITALIAN CIVIL SERVANT SERVING WITH THE COMMISSION UNDER AN EXCHANGE ARRANGEMENT WITH THE NATIONAL CIVIL SERVICES, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, A MEMBER OF THE COMMISSION' S LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY LUIGI FERRARI BRAVO, HEAD OF THE DEPARTMENT FOR CONTENTIOUS DIPLOMATIC AFFAIRS, TREATIES AND LEGISLATION OF THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, ASSISTED BY IVO BRAGUGLIA, AVVOCATO DELLO STATO, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY,
DEFENDANT,
APPLICATION FOR A DECLARATION THAT, BY FAILING TO LAY DOWN BY LAW, REGULATION, OR ADMINISTRATIVE ACTION WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY FOR ITS RULES TO COMPLY - WITH REGARD TO FULL-TIME AND PART-TIME TRAINING FOR MEDICAL SPECIALISTS - WITH COUNCIL DIRECTIVE 82/76/EEC OF 26 JANUARY 1982 ( AMENDING DIRECTIVE 75/362/EEC CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MEDICINE, INCLUDING MEASURES TO FACILITATE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES AND DIRECTIVE 75/363/EEC CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF ACTIVITIES OF DOCTORS ), THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY,
THE COURT
COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, O . DUE, U . EVERLING, K . BAHLMANN, R . JOLIET AND J.*C . MOITINHO DE ALMEIDA, JUDGES,
ADVOCATE GENERAL : C.*O . LENZ
REGISTRAR : B . PASTOR, ADMINISTRATOR
HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 7 APRIL 1987,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 7 APRIL 1987,
GIVES THE FOLLOWING
JUDGMENT
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 20 FEBRUARY 1986, THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 82/76/EEC OF 26 JANUARY 1982 ( OFFICIAL JOURNAL, L 43, P . 21 ) AMENDING DIRECTIVE 75/362/EEC CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MEDICINE, INCLUDING MEASURES TO FACILITATE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES AND DIRECTIVE 75/363/EEC CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF ACTIVITIES OF DOCTORS, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
2 ARTICLE 16 OF DIRECTIVE 82/76/EEC PROVIDES THAT THE MEMBER STATES ARE TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE DIRECTIVE BY 31 DECEMBER 1982 AT THE LATEST AND TO INFORM FORTHWITH THE COMMISSION THEREOF .
3 SINCE THE COMMISSION HAD RECEIVED NO INFORMATION FROM THE ITALIAN GOVERNMENT CONCERNING THE MEASURES ADOPTED FOR THE TRANSPOSITION INTO NATIONAL LAW OF THE DIRECTIVE AT ISSUE WITH REGARD TO FULL-TIME AND PART-TIME TRAINING FOR MEDICAL SPECIALISTS, IT GAVE THE ITALIAN GOVERNMENT FORMAL NOTICE, ON 12 JANUARY 1984, TO SUBMIT ITS OBSERVATIONS . HAVING NOTED THAT THE DRAFT LAW ANNOUNCED BY THE ITALIAN GOVERNMENT HAD NOT BEEN SUBMITTED TO THE PARLIAMENT, AND HAVING RECEIVED NO REPLY TO THE REASONED OPINION DELIVERED ON 25 MARCH 1984, THE COMMISSION BROUGHT THIS ACTION .
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS, THE PROCEDURE, AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
5 THE ITALIAN GOVERNMENT ADMITS THAT IT HAS NOT FULFILLED ITS OBLIGATIONS . AT THE HEARING, IT STATED THAT IT HAD NOT BEEN POSSIBLE FOR THE LEGISLATIVE PROCEDURE IN REGARD TO THE ABOVEMENTIONED DRAFT LAW TO TAKE A NORMAL COURSE BY REASON OF THE DELICATE PROBLEMS RAISED BY THE DRAFT LAW, IN PARTICULAR IN REGARD TO THE NUMERUS CLAUSUS FOR MEDICAL STUDENTS .
6 IT SHOULD BE POINTED OUT THAT THE COURT HAS CONSISTENTLY HELD 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 OBLIGATIONS AND TIME-LIMITS RESULTING FROM COMMUNITY DIRECTIVES .
7 CONSEQUENTLY, IT MUST BE HELD THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 82/76/EEC OF 26 JANUARY 1982, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .
COSTS
8 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
ON THOSE GROUNDS,
THE COURT
HEREBY :
( 1 ) DECLARES THAT, BY FAILING TO ADOPT WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE 82/76 OF 26 JANUARY 1982, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY;
( 2 ) ORDERS THE ITALIAN REPUBLIC TO PAY THE COSTS .
