''Pubblico Ministero v Ratti'' (1979
Case 148/78is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the conflict of law between a national legal system and European Union law.
Facts
Mr Tullio Ratti claimed that he should not have to comply with a stricter Italian law that required him to label his
solvent
A solvent (s) (from the Latin '' solvō'', "loosen, untie, solve") is a substance that dissolves a solute, resulting in a solution. A solvent is usually a liquid but can also be a solid, a gas, or a supercritical fluid. Water is a solvent for ...
s, on the ground that it conflicted with two Directives. Mr Ratti sold solvents and
varnishes, some of which were imported from
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
that complied with two Directives.
Directive 73/173
Directive may refer to:
* Directive (European Union), a legislative act of the European Union
* Directive (programming), a computer language construct that specifies how a compiler should process input
* "Directive" (poem), a poem by Robert Frost
...
(adopted 4 June 1973, to be implemented 8 December 1974) and
Directive 77/728
Directive may refer to:
* Directive (European Union), a legislative act of the European Union
* Directive (programming), a computer language construct that specifies how a compiler should process input
* "Directive" (poem), a poem by Robert Frost
...
(adopted 7 November 1977, to be implemented 9 November 1979) required solvents and varnishes to be packaged and labelled specially. Mr Ratti complied with the Directives, but an Italian law of 1963 was stricter in some respects. Mr Ratti was prosecuted for failure to comply with the Italian law. Directive 73/173 was already meant to have been implemented, but Directive 77/728 was not yet required to be implemented: Italy had not changed the law at all. Mr Ratti argued that compliance with the Directives, rather than Italian law, was enough. The court in Milan referred to the ECJ whether Mr Ratti had to comply.
Judgment
Advocate General Opinion
Advocate General Reischl
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
gave an opinion, speaking against the possibility of horizontal direct effect.
[at 1650]
Court of Justice
The
ECJ held that Mr Ratti was not bound by Italian law that was meant to be changed by
Directive 73/173
Directive may refer to:
* Directive (European Union), a legislative act of the European Union
* Directive (programming), a computer language construct that specifies how a compiler should process input
* "Directive" (poem), a poem by Robert Frost
...
, but he was still bound by Italian law, which would later have to be changed under
Directive 77/728
Directive may refer to:
* Directive (European Union), a legislative act of the European Union
* Directive (programming), a computer language construct that specifies how a compiler should process input
* "Directive" (poem), a poem by Robert Frost
...
because its deadline for being implemented had not yet passed.
See also
*
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
Notes
References
*
External links
*{{ECLI, ECLI:EU:C:1979:110
Court of Justice of the European Union case law
Italian case law