Ruling court European Court of Justice | ||
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Citation(s) (1972) Case 39/72, [1973] ECR 101 Similar CIA Security Internatio, Marshall v Southampton Health Au, Faccini Dori v Recreb Srl, Marleasing SA v La Comercia, Defrenne v Sabena (No 2) | ||
Commission v Italy (1972) Case 39/72 is an EU law case, concerning the conflict of law between a national legal system and European Union law.
Contents
Facts
The Commission brought enforcement proceedings against Italy for failing to enforce Regulations on dairy on time. The EU wanted to stop under-production of dairy products by introducing a premium for slaughter of 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
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.