Opinion of the Advocate General — ECLI:EU:C:1997:509
Date: 1997-10-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Animal feedingstuffs;Fisheries policy;Veterinary legislation
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the J u d g m e n t 
1. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation 
to be taken into consideration — Situation at the end of the period laid down in the reasoned 
opinion 
(EC Treaty, Art. 169) 
2. Acts of the institutions — Directives — Implementation by Member States — Mere admin­
istrative practices not sufficient 
(EC Treaty, Art. 189, third para.) 
1. In the context of proceedings under 
Article 169 of the Treaty, the question 
whether a Member State has failed to 
fulfil its obligations must be determined 
by reference to the situation prevailing in 
the Member State at the end of the period 
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SUMMARY — CASE C-316/96 
laid down in the reasoned opinion and 
the Court cannot take account of any 
subsequent changes. 
2. Mere administrative practices, which by 
their nature are alterable at will by the 
administration and are not given the 
appropriate publicity, cannot be regarded 
as constituting the proper fulfilment 
of the obligations incumbent on 
Member States to which a directive 
is addressed pursuant to Article 189 of 
the Treaty. 
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