Commission v Italy (Premiums for slaughtering cows)
Member States must not reproduce or alter EU regulations in national legislation, because this may obscure their nature and direct applicability.
Facts
Following the regulations providing for premiums for the slaughter of dairy cows, Italy delayed implementing the scheme and passed national legislation that reproduced and changed some provisions of the regulations, including the time limits. The Commission brought infringement proceedings against Italy.
Legal principle
The Court of Justice held that Italy had breached its obligations. Regulations are directly applicable and come into force solely by virtue of their publication in the Official Journal, so Member States must not adopt measures that would conceal the EU nature of a legal rule, or alter or add to it. By introducing provisions that changed the regulations, Italy had called into question their direct applicability and the uniform application of EU law.
Related cases on direct effect of Treaty articles and regulations
- Angonese v Cassa di Risparmio di Bolzano SpA Case C-281/98, [2000] ECR I-4139
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Defrenne v Sabena (No 2) Case 43/75, [1976] ECR 455
- Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825
- Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71, [1972] ECR 287
- Muñoz y Cia SA v Frumar Ltd Case C-253/00, [2002] ECR I-7289
- Politi SAS v Ministry for Finance of the Italian Republic Case 43/71, [1971] ECR 1039
- Reyners v Belgium Case 2/74, [1974] ECR 631
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