Commission v Italy 1972

Table of Contents:

1. Introduction: General Principles

 Conflict of Law between National Legal System and EU Law:

Supremacy of EU Law: One fundamental principle of EU law is the supremacy of EU law over
national laws. The Court of Justice of the European Union (CJEU) has established that EU law
takes precedence over conflicting national laws. This principle is essential for the uniform
application of EU rules across member states.

 The Letter of Formal Notice:

First Step in Infringement Proceedings: The letter of formal notice is the initial stage in the
infringement procedure. It is a formal communication from the European Commission to a
member state, raising concerns about potential breaches of EU law by that member state.

Request for Information: The letter outlines the Commission's concerns and requests the
member state to provide information or take corrective action within a specified period. It gives
the member state an opportunity to present its arguments and justifications.

 Reasoned Opinion:

Second Stage of Infringement Proceedings: If the member state's response to the letter of
formal notice is unsatisfactory, the Commission may issue a reasoned opinion. This is a more
detailed document explaining the legal reasons for considering that the member state has
breached EU law. The reasoned opinion typically sets a deadline for the member state to comply
with EU law. Failure to do so may lead to the Commission bringing the matter before the CJEU.

 Administrative Procedures Subject to Judicial Review:

CJEU Jurisdiction: The CJEU has jurisdiction to review the legality of administrative acts and
decisions taken by EU institutions, agencies, or bodies. It ensures that actions comply with the
EU treaties and other applicable laws.

2. Background information:
a. The EU wanted to stop the over-production of dairy products by introducing a premium
for slaughter of (dairy) cows and for withholding milk and milk products from the
market
b. Regulations imposed:
Regulation of Council No 1975/69 (Regulation 1386/70)- defined the system
Regulation of Comission No 2195/69 (Regulation 2240/70)- established methods of
implementation of the system

3. Statement of the Facts

 Obligations of MS
 Control that the system of premiums was applied in a correct manner and within the time limits
 National authorities had to take measures to permit :
o the submission of applications for premiums and slaughtering cows
o the verification of the applications submitted
(mark all dairy cows kept on holding, determine number of cows conferring to a premium, register the
will of farmer to give up the production of milk entirely and to slaughter cows )

 Payment: MS were required to make payment of the premiums for slaughtering cows within a
period of 2 months and within 3 months for non-marketing

 Breach of obligations by Italy

o 23 March 1970- The Italian Minister of Agriculture and Forestry has instructed the
Provincial Inspectorate of Agriculture to review applications already submitted, pending
approval of the legislative measure for allocating funds necessary to comply with
Regulations
o The Commission, observing the absence in Italy of implementing legislation or
regulations which would have permitted a normal payment of the premiums for
slaughtering and the payment of the premium for the withholding of milk and milk
products from the market, by letter of 21 June 1971 commenced against the Italian
Republic the procedure provided for by Article 169 of the EEC Treaty.
o 24 August 1971- The Italian Government claimed that a draft law was under
consideration by Parliament in order to implement Regulations Nos. 1975/69 and
2195/69
o On 26 October 1971 there was promulgated (released) Law No 935, 'applying the
Community Regulations in the sector of zoo technology and in the sector of milk
products' (OJ of the Italian Republic No 294 of 22 November 1971)
o On 30 December 1971, for the purpose of putting into effect Law No 935, a decree
(order) of the Italian Finance Minister was adopted
o On 21 February 1972 the Commission gave a reasoned opinion, delivered on 28
February, in which it invited the Italian Republic to take within a period of one month
the steps necessary to implement the system of premiums for slaughtering dairy cows
and premiums for withholding milk and milk products from the market.
o 27 March 1972- a joint decree was issued

4. Judgement:
1. Declares that the Italian Republic, in not taking the measures necessary to permit the
effective application in its territory and within the prescribed time limits of the system of
premiums for slaughtering dairy cows and for withholding milk and milk products from the
market, has failed to fulfil the obligations which lay upon it by virtue of Regulation No 1975/69
of the Council and Regulation No 2195/69 of the Commission
2. Orders the defendant to pay the costs

5. Conclusion
a. If the state fails to comply with the reasoned opinion of the Commission within a
reasonable time, Commission has discretionary right to bring the matter before the
CJEU further specifying the grounds for action
This means that the Commission can initiate legal proceedings against the member state before
the CJEU, seeking a judgment on the alleged breaches of EU law.
6. Q&A