Avis juridique important

Judgment of the Court of 22 December 1993. - Commission of the European Communities v Ireland. - Failure to fulfil obligations - Directives concerning breeding animals of the porcine species, sheep and goats - Failure to transpose. - Case C-384/92. European Court reports 1993 Page I-07055

Summary Parties Grounds Decision on costs Operative part

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Acts of the institutions ° Directives ° Implementation by the Member States ° Mere administrative practices insufficient

(EEC Treaty, Art. 189, third para.)

Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting proper fulfilment of the obligations incumbent on the Member States to which a directive is addressed under Article 189 of the Treaty.

In Case C-384/92,

Commission of the European Communities, represented by Christopher Docksey, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Nicola Annecchino, also of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Ireland, represented by Louis J. Dockery, Chief State Solicitor, acting as Agent, with an address for service in Luxembourg at the Irish Embassy, 28 Route d' Arlon,

defendant,

APPLICATION for a declaration that, by failing to bring into force within the time allowed the laws, regulations and administrative provisions necessary to comply with Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ 1988 L 382, p. 36), Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ 1989 L 153, p. 30), Council Directive 90/118/EEC of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding (OJ 1990 L 71, p. 34) and Council Directive 90/119/EEC of 5 March 1990 on hybrid breeding pigs for breeding (OJ 1990 L 71, p. 36), Ireland has failed to fulfil its obligations under the EEC Treaty,

THE COURT,

composed of: O. Due, President, G.F. Mancini, J.C. Moitinho de Almeida and D.A.O. Edward (Presidents of Chambers), R. Joliet, F.A. Schockweiler, G.C. Rodríguez Iglesias, F. Grévisse and M. Zuleeg, Judges,

Advocate General: C. Gulmann,

Registrar: J.-G. Giraud,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 27 October 1993,

gives the following

Judgment

1 By application lodged at the Court Registry on 21 October 1991, the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that, by failing to bring into force within the time allowed the laws, regulations and administrative provisions necessary to comply with Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ 1988 L 382, p. 36), Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ 1989 L 153, p. 30), Council Directive 90/118/EEC of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding (OJ 1990 L 71, p. 34) and Council Directive 90/119/EEC of 5 March 1990 on hybrid breeding pigs for breeding (OJ 1990 L 71, p. 36), Ireland has failed to fulfil its obligations under the EEC Treaty.

2 The first paragraph of Article 13 of Directive 88/661, Article 9 of Directive 89/361, the first paragraph of Article 5 of Directive 90/118 and the first paragraph of Article 3 of Directive 90/119 provide that "Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [by] not later than 1 January 1991. They shall forthwith inform the Commission thereof".

3 The Commission contends that the mandatory character of the directives required Ireland to adopt the legislative provisions necessary to transpose the four directives into national law.

4 Ireland confines itself to pointing out that the legislative provisions necessary to give effect to those directives are being prepared and that, pending the adoption of the necessary provisions, the rules contained in the directives are being observed in practice.

5 The Court has consistently held in its case-law relating to the implementation of directives that mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State' s obligations under the Treaty (see in particular the Court' s judgments in Case 145/82 Commission v Italy [1983] ECR 711, paragraph 10, and in Case C-236/91 Commission v Ireland [1992] ECR I-5933, paragraph 6).

6 Consequently, Ireland, which does not dispute its duty to adopt the legislative provisions necessary to transpose the directives into national law, cannot, even temporarily, evade that obligation by relying on the application of administrative practices alleged to be in accordance with the rules laid down by the directives.

7 It follows that the Commission is entitled to a declaration of infringement in the terms sought.

Costs

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

On those grounds,

THE COURT

hereby:

1. Declares that, by failing to bring into force within the time allowed the laws, regulations and administrative provisions necessary to comply with Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species, Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats, Council Directive 90/118/EEC of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding and Council Directive 90/119/EEC of 5 March 1990 on hybrid breeding pigs for breeding, Ireland has failed to fulfil its obligations under the EEC Treaty;

2. Orders Ireland to pay the costs.