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Document 61991CC0077
Opinion of Mr Advocate General Gulmann delivered on 16 January 1992. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Failure to transpose directives. # Case C-77/91.
Concluziile avocatului general Gulmann prezentate la data de16 ianuarie 1992.
Comisia Comunităților Europene împotriva Republicii Italiene.
Neîndeplinirea obligațiilor.
Cauza C-77/91.
Concluziile avocatului general Gulmann prezentate la data de16 ianuarie 1992.
Comisia Comunităților Europene împotriva Republicii Italiene.
Neîndeplinirea obligațiilor.
Cauza C-77/91.
ECLI identifier: ECLI:EU:C:1992:20
61991C0077
Opinion of Mr Advocate General Gulmann delivered on 16 January 1992. - Commission of the European Communities v Italian Republic. - Failure of a Member State to fulfil its obligations - Failure to transpose directives. - Case C-77/91.
European Court reports 1992 Page I-00557
Opinion of the Advocate-General
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Mr President,
Members of the Court,
1. Council Directive 81/851/EEC of 28 September 1981 (1) on the approximation of the laws of the Member States relating to veterinary medicinal products and Council Directive 81/852/EEC of 28 September 1981 (2) on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products should, under Article 51(1) of the former and Article 3 of the latter directive, have been implemented by the Member States by 28 September 1983.
2. By an application of 22 February 1991 the Commission brought an action for a declaration that, by not adopting the measures necessary to comply with Council Directives 81/851 and 81/852 within the periods prescribed therein, the Italian Republic has failed to fulfil its obligations under Articles 5 and 189 of the EEC Treaty.
3. The Italian Republic has admitted that the provisions necessary to implement Council Directives 81/851 and 81/852 in its national law have not yet been adopted.
4. I therefore have no choice but to propose that the Court should give the declaration sought by the Commission and order the Italian Republic to pay the costs.
(*) Original language: Danish.
(1) - Official Journal 1981 L 317, p. 1.
(2) - Official Journal 1981 L 317, p. 16.