Odbor kompatibility s právem ES
Úřad vlády ČR
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61978J0148
Název:
Title: 		JUDGMENT OF THE COURT OF 5 APRIL 1979. PUBBLICO MINISTERO V TULLIO RATTI. PRELIMINARY RULING REQUESTED BY THE PRETURA PENALE, MILAN. DANGEROUS PREPARATIONS. CASE 148-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 1629 - 1647
Předmět (klíčová slova):
Keywords		APPROXIMATION OF LAWS;FREE MOVEMENT OF GOODS;QUANTITATIVE RESTRICTIONS;
Související předpisy:
Corresponding acts:		373L0173;373L0173;377L0728;377L0728
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT WHICH ARTICLE 189 ASCRIBES TO DIRECTIVES TO EXCLUDE ON PRINCIPLE THE POSSIBILITY OF THE OBLIGATIONS IMPOSED BY THEM BEING RELIED ON BY PERSONS CONCERNED. PARTICULARLY IN CASES IN WHICH THE COMMUNITY AUTHORITIES HAVE, BY MEANS OF DIRECTIVE, PLACED MEMBER STATES UNDER A DUTY TO ADOPT A CERTAIN COURSE OF ACTION, THE EFFECTIVENESS OF SUCH AN ACT WOULD BE WEAKENED IF PERSONS WERE PREVENTED FROM RELYING ON IT IN LEGAL PROCEEDINGS AND NATIONAL COURTS PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW. CONSEQUENTLY A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE IN THE PRESCRIBED PERIODS MAY NOT RELY, AS AGAINST INDIVIDUALS, ON ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS. IT FOLLOWS THAT A NATIONAL COURT REQUESTED BY A PERSON WHO HAS COMPLIED WITH THE PROVISIONS OF A DIRECTIVE NOT TO APPLY A NATIONAL PROVISION INCOMPATIBLE WITH THE DIRECTIVE NOT INCORPORATED INTO THE INTERNAL
LEGAL ORDER OF A DEFAULTING MEMBER STATE, MUST UPHOLD THAT REQUEST IF THE OBLIGATION IN QUESTION IS UNCONDITIONAL AND SUFFICIENTLY PRECISE. SUBJECT TO THESE RESERVATIONS A MEMBER STATE MAY NOT APPLY ITS INTERNAL LAW - EVEN IF IT IS PROVIDED WITH PENAL SANCTIONS - WHICH HAS NOT YET BEEN ADAPTED IN COMPLIANCE WITH THE DIRECTIVE, TO SUCH A PERSON AFTER THE EXPIRATION OF THE PERIOD FIXED FOR ITS IMPLEMENTATION. ON THE OTHER HAND, SO LONG AS THE PERIOD PRESCRIBED FOR THE MEMBER STATES TO INCORPORATE THE PROVISIONS OF A DIRECTIVE INTO THEIR INTERNAL LEGAL ORDERS HAS NOT YET EXPIRED, THE DIRECTIVE CANNOT HAVE DIRECT EFFECT; SUCH EFFECT ONLY ARISES AT THE END OF THE PERIOD PRESCRIBED AND IN THE EVENT OF DEFAULT BY THE MEMBER STATE CONCERNED.

2. THE COMBINED EFFECT OF ARTICLES 3 TO 8 OF DIRECTIVE NO 73/173 IS THAT ONLY SOLVENTS WHICH'' COMPLY WITH THE PROVISIONS OF THIS DIRECTIVE AND THE ANNEX THERETO'' MAY BE PLACED ON THE MARKET AND THAT MEMBER STATES ARE NOT ENTITLED TO MAINTAIN, PARALLEL WITH THE RULES LAID DOWN BY THE SAID DIRECTIVE FOR IMPORTS, DIFFERENT RULES FOR THE DOMESTIC MARKET. THUS IT IS A CONSEQUENCE OF THE SYSTEM INTRODUCED BY DIRECTIVE NO 73/173 THAT A MEMBER STATE MAY NOT INTRODUCE INTO ITS NATIONAL LEGISLATION CONDITIONS WHICH ARE MORE RESTRICTIVE THAN THOSE LAID DOWN IN THE DIRECTIVE IN QUESTION, OR WHICH ARE EVEN MORE DETAILED OR IN ANY EVENT DIFFERENT, AS REGARDS THE CLASSIFICATION, PACKAGING AND LABELLING OF SOLVENTS AND THAT THIS PROHIBITION ON THE IMPOSITION OF RESTRICTIONS NOT PROVIDED FOR APPLIES BOTH TO THE DIRECT MARKETING OF THE PRODUCTS ON THE HOME MARKET AND TO IMPORTED PRODUCTS.

3. DIRECTIVE NO 73/173 MUST BE INTERPRETED AS MEANING THAT IT IS NOT PERMISSIBLE FOR NATIONAL PROVISIONS TO PRESCRIBE THAT CONTAINERS SHALL BEAR A STATEMENT OF THE PRESENCE OF INGREDIENTS OF THE PRODUCTS IN QUESTION IN TERMS GOING BEYOND THOSE LAID DOWN BY THE SAID DIRECTIVE.

4. WHEN, PURSUANT TO ARTICLE 100 OF THE TREATY, COMMUNITY DIRECTIVES PROVIDE FOR THE HARMONIZATION OF MEASURES NECESSARY TO ENSURE THE PROTECTION OF THE HEALTH OF PERSONS AND ANIMALS AND ETABLISH COMMUNITY PROCEDURES TO SUPERVISE COMPLIANCE THEREWITH, RECOURSE TO ARTICLE 36 CEASES TO BE JUSTIFIED AND THE APPROPRIATE CONTROLS MUST HENCEFORTH BE CARRIED OUT AND THE PROTECTIVE MEASURES TAKEN IN ACCORDANCE WITH THE SCHEME LAID DOWN BY THE HARMONIZING DIRECTIVE.

5. NATIONAL PROVISIONS GOING BEYOND THOSE LAID DOWN IN DIRECTIVE NO 73/173 ARE COMPATIBLE WITH COMMUNITY LAW ONLY IF THEY HAVE BEEN ADOPTED IN ACCORDANCE WITH THE PROCEDURE AND FORMALITIES PRESCRIBED IN ARTICLE 9 OF THE SAID DIRECTIVE.

6. IF ONE MEMBER STATE HAS INCORPORATED THE PROVISIONS OF A DIRECTIVE INTO ITS INTERNAL LEGAL ORDER BEFORE THE END OF THE PERIOD PRESCRIBED THEREIN, THAT FACT CANNOT PRODUCE ANY EFFECT WITH REGARD TO OTHER MEMBER STATES.

7. SINCE A DIRECTIVE BY ITS NATURE IMPOSES OBLIGATIONS ONLY ON MEMBER STATES, IT IS NOT POSSIBLE FOR AN INDIVIDUAL TO PLEAD THE PRINCIPLE OF'' LEGITIMATE EXPECTATION'' BEFORE THE EXPIRY OF THE PERIOD PRESCRIBED FOR ITS IMPLEMENTATION.

8. DIRECTIVE NO 77/728 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 7 NOVEMBER 1977, IN PARTICULAR ARTICLE 9 THEREOF, CANNOT BRING ABOUT WITH RESPECT TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE PROVISIONS OF THE SAID DIRECTIVE BEFORE THE EXPIRATION OF THE ADAPTATION PERIOD PRESCRIBED FOR THE MEMBER STATE ANY EFFECT CAPABLE OF BEING TAKEN INTO CONSIDERATION BY NATIONAL COURTS.

Plný text judikátu (Entire text of the Judgment):