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Document 61985CC0361
Opinion of Mr Advocate General Darmon delivered on 14 January 1987. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fufil its obligations - Failure to implement directives. # Case 361/85.
Opinion of Mr Advocate General Darmon delivered on 14 January 1987.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fufil its obligations - Failure to implement directives.
Case 361/85.
Opinion of Mr Advocate General Darmon delivered on 14 January 1987.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fufil its obligations - Failure to implement directives.
Case 361/85.
European Court Reports 1987 -00479
ECLI identifier: ECLI:EU:C:1987:5
- Date of document:
- 14/01/1987
- Date lodged:
- 25/11/1985
- Author:
- Court of Justice
- Country or organisation from which the request originates:
- Italy
- Form:
- Opinion of the Advocate General
- Authentic language:
- French
- Type of procedure:
- Action for failure to fulfil obligations - successful
- Defendant:
- Italy
- Judge-Rapporteur:
- Schockweiler
- Advocate General:
- Darmon
- Treaty:
- Treaty establishing the European Economic Community
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
-
- 1195700000: N 3
- 11957E005: N 3
- 11957E189: N 3
- 31979L0373: N 1
- 31980L0509: N 1
- 31980L0511: N 1
- 31980L0695: N 1
- 61981CJ0136: N 2
- 61981CJ0148: N 2
- 61981CJ0149: N 2
- 61981CJ0151: N 2
- Subject matter:
61985C0361
Opinion of Mr Advocate General Darmon delivered on 14 January 1987. - Commission of the European Communities v Italian Republic. - Failure of a Member State to fufil its obligations - Failure to implement directives. - Case 361/85.
European Court reports 1987 Page 00479
Opinion of the Advocate-General
++++
Mr President
Members of the Court,
1 . The Italian Government does not contest the failure to fulfil its obligations with which it is charged in these proceedings .
Council Directive 79/373 and Commission Directives 80/509, 80/511 and 80/695 deal with the harmonization of national legislation applying to the marketing of compound feedingstuffs . The period prescribed for incorporating those directives into national law expired on 1 January 1981, the Member States being under a duty to inform the Commission forthwith of the measures taken to that end .
To date, as the representative of the Italian Government confirmed at the hearing, the legal instrument implementing those directives in Italy has still not been adopted .
2 . According to an established line of cases of the Court,
"the governments of the Member States participate in the preparatory work for directives and must therefore be in a position to prepare, within the period prescribed, the draft legislative provisions necessary for their implementation ". ( 1 )
3 . I therefore propose that the Court should :
( 1 ) Declare that by failing to transpose the provisions of the aforesaid directives into national law, the Italian Republic has failed to fulfil the obligations set out in Articles 5 and 189 of the EEC Treaty;
( 2 ) Order the defendant to pay the costs .
(*) Translated from the French .
( 1 ) Judgments of 12 October 1982 in Cases 136, 148, 149 and 151/81 (( 1982 )) ECR 3547,3555, 3565 and 3573 .
