Opinion of the Advocate General — ECLI:EU:C:1997:438
Date: 1997-09-25
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgmen t 
Approximation of laws — Quality required of shellfish waters — Directive 79/923 — Designa­
tion of waters considered in need of protection or improvement — Obligation of Member States 
— Scope 
(Council Directive 79/923, Art. 4) 
A Member State which fails to designate all 
the coastal and brackish waters it considers 
to need protection or improvement in order 
to support shellfish life and growth and thus 
to contribute to the high quality of shellfish 
products directly edible by man fails to fulfil 
its obligations under Article 4 of Directive 
79/923 on the quality required of shellfish 
waters. 
I - 6887 
SUMMARY — CASE C-225/96 
Although Member States have a certain dis­
cretion, in that connection, in ascertaining 
that the conditions giving rise to the need for 
protection or improvement obtain, waters 
must be designated if those conditions do 
obtain. 
I - 6888