Commission v Italy (1972) Case 39/72, ECLI:EU:C:1973:13 is an EU law case, concerning the conflict of law between a national legal system and European Union law.
The Commission brought enforcement proceedings against Italy for failing to enforce Regulations on dairy on time. The EU wanted to stop over-production of dairy products [1] by introducing a premium for slaughter of (dairy) cows. The Italian government decreed the regulations were ‘deemed to be included’ in the decree, and reproduced them with extra procedural provisions. However, Italy failed to operate the scheme on time.
Judgmentedit
The Court of Justice held that Italy was in breach both for delay, and also ‘the manner of giving effect’ to the Regulation. In one respect it departed from the Regulation, as it did not account for extension of time allowed for slaughter.
17. ... According to the terms of article 189 and 191 of the Treaty,[2] Regulations are, as such, directly applicable in all Member States and come into force solely by virtue of their publication in the Official Journal of the Communities, as from the date specified in them, or in absence thereof, as from the date provided in the Treaty. Consequently, all methods of implementation are contrary to the Treaty which would have the result of creating an obstacle to the direct effect of Union Regulations and of jeopardizing their simultaneous and uniform application in the whole of the Union.
^Regulation (EEC) No 1975/69 of the Council of 6 October 1969 introducing a system of premiums for slaughtering cows and for withholding milk and milk products from the market, p. 38
European Court of Justice 7 February 1973, Case 39/72, ECLI:EU:C:1973:13, Commission v Italy
April 10, 2024
commission, italy, commission, italy, 1972, case, ecli, 1973, case, concerning, conflict, between, national, legal, system, european, union, commission, italycourteuropean, court, justicecitation, 1972, case, 1973, 101keywordsdirect, effect, contents, facts, j. Commission v Italy 1972 Case 39 72 ECLI EU C 1973 13 is an EU law case concerning the conflict of law between a national legal system and European Union law Commission v ItalyCourtEuropean Court of JusticeCitation s 1972 Case 39 72 1973 ECR 101KeywordsDirect effect Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 External linksFacts editThe Commission brought enforcement proceedings against Italy for failing to enforce Regulations on dairy on time The EU wanted to stop over production of dairy products 1 by introducing a premium for slaughter of dairy cows The Italian government decreed the regulations were deemed to be included in the decree and reproduced them with extra procedural provisions However Italy failed to operate the scheme on time Judgment editThe Court of Justice held that Italy was in breach both for delay and also the manner of giving effect to the Regulation In one respect it departed from the Regulation as it did not account for extension of time allowed for slaughter 17 According to the terms of article 189 and 191 of the Treaty 2 Regulations are as such directly applicable in all Member States and come into force solely by virtue of their publication in the Official Journal of the Communities as from the date specified in them or in absence thereof as from the date provided in the Treaty Consequently all methods of implementation are contrary to the Treaty which would have the result of creating an obstacle to the direct effect of Union Regulations and of jeopardizing their simultaneous and uniform application in the whole of the Union See also editEuropean Union lawNotes edit Regulation EEC No 1975 69 of the Council of 6 October 1969 introducing a system of premiums for slaughtering cows and for withholding milk and milk products from the market p 38 Now TFEU articles 288 and 297External links editEuropean Court of Justice 7 February 1973 Case 39 72 ECLI EU C 1973 13 Commission v Italy Retrieved from https en wikipedia org w index php title Commission v Italy C 39 72 amp oldid 1195242574, wikipedia, wiki, book, books, library,
