1BY AN APPLICATION RECEIVED AT THE COURT REGISTRY ON 28 JULY 1978 , THE COMMISSION , IN PURSUANCE OF ARTICLE 169 OF THE EEC TREATY , APPLIED TO THE COURT FOR A DECLARATION THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO AEROSOL DISPENSERS ( OFFICIAL JOURNAL L 147 , P . 40 ) THE ITALIAN REPUBLIC HAD FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
2UNDER ARTICLE 11 OF THE DIRECTIVE THE MEMBER STATES WERE TO BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION , A PERIOD WHICH IN THIS CASE EXPIRED ON 21 NOVEMBER 1976 .
3THE DEFENDANT DOES NOT CONTEST THE ALLEGED FAILURE .
4THE DEFENDANT HAS MERELY STATED THAT THE DELAY IN BRINGING THE DIRECTIVE IN QUESTION INTO FORCE WAS DUE , ON THE ONE HAND , TO THE NECESSITY OF ADOPTING A LEGISLATIVE MEASURE AND , ON THE OTHER HAND , TO THE FACT THAT THE ACTUAL SUBJECT-MATTER OF THE DIRECTIVE REQUIRED PRIOR CONSULTATION WITH VARIOUS COMPETENT ADMINISTRATIVE AUTHORITIES .
5IT MUST BE REMEMBERED 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 THE OBLIGATIONS AND TIME-LIMITS IMPOSED BY COMMUNITY DIRECTIVES .
6IT MUST ACCORDINGLY BE DECLARED THAT BY NOT ADOPTING WITHIN THE PRESCRIBED PERIOD THE PROVISIONS NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
COSTS
7UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .
8THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE BE ORDERED TO PAY THE COSTS .
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . RULES THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NECESSARY TO COMPLY WITH COUNCIL DIRECTIVE NO 75/324 OF 20 MAY 1975 , THE ITALIAN REPUBLIC HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY ;
2.ORDERS THE DEFENDANT TO BEAR THE COSTS .
