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Judgment of the Court of 25 July 1991.

Commission of the European Communities v Italian Republic.

C-32/90 • ECLI:EU:C:1991:328 • 61990CJ0032

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Commission of the European Communities v Italian Republic.

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Keywords

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1. Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested

(EEC Treaty, Art. 169)

2. Approximation of laws - Labelling and presentation of foodstuffs - Directive 79/112 - National legislation requiring the date of manufacture and the place of production to be indicated - Not permissible

(Council Directive 79/112)

Parties

In Case C-32/90,

Commission of the European Communities, represented by Sergio Fabro, a member of the Legal Service, acting as Agent, with an address for service in Luxembourg at the Office of Guido Berardis, also a member of the Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by I.M. Braguglia, Avvocato dello Stato, acting as Agent, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that, by requiring manufacturers of extruded pasta products to state on the label the date of manufacture and the place of origin or provenance of the product, the Italian Republic has failed to fulfil its obligations under Articles 5 and 189 of the EEC Treaty and points 4 and 7 of Article 3(1) of Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (Official Journal 1979 L 33, p. 1),

THE COURT,

composed of: O. Due, President, G.F. Mancini, J.C. Moitinho de Almeida, M. Díez de Velasco (Presidents of Chambers), C.N. Kakouris, F.A. Schockweiler, F. Grévisse, M. Zuleeg and P.J.G. Kapteyn, Judges,

(The grounds of the judgment are not reproduced.)

hereby rules:

Operative part

1. By requiring manufacturers of extruded pasta products to state on the label the date of manufacture and the place of origin or provenance of the product, the Italian Republic has failed to fulfil its obligations under points 4 and 7 of Article 3(1) of Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (Official Journal 1979 L 33, p. 1);

2. The Italian Republic is ordered to pay the costs.

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