OPINION .
10 IRELAND CONCLUDES THAT THE ADMISSIBILITY OF AN APPLICATION UNDER ARTICLE 169 OF THE TREATY DEPENDS UPON THE PRIOR ISSUE OF A VALID REASONED OPINION AND THAT THAT REQUIREMENT HAS NOT BEEN FULFILLED IN THIS CASE .
11 THE COMMISSION ACCEPTS THAT IT MUST ALLOW A MEMBER STATE A REASONABLE TIME TO COMPLY WITH A REASONED OPINION UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 169 OF THE TREATY . HOWEVER , IT POINTS OUT THAT IT GRANTED AN EXTENSION OF THE PERIOD OF FIVE DAYS LAID DOWN IN THE REASONED OPINION , THAT IT TOOK COGNIZANCE OF IRELAND ' S REPLY OF 7 DECEMBER 1981 AND ALSO OF THE FURTHER REPLY OF 10 FEBRUARY 1982 , AND THAT IT DID NOT LODGE ITS APPLICATION UNTIL 19 FEBRUARY 1982 . IT THEREFORE SUBMITS THAT IRELAND WAS GIVEN AMPLE TIME TO COMPLY WITH THE REASONED OPINION .
12 THE COURT IS COMPELLED TO STATE ITS DISAPPROVAL OF THE COMMISSION ' S BEHAVIOUR IN THIS REGARD . IT IS INDEED UNREASONABLE , AS IRELAND HAS POINTED OUT , TO ALLOW A MEMBER STATE FIVE DAYS TO AMEND LEGISLATION WHICH HAS BEEN APPLIED FOR MORE THAN 40 YEARS AND WHICH , MOREOVER , HAS NOT GIVEN RISE TO ANY ACTION ON THE PART OF THE COMMISSION OVER THE PERIOD WHICH HAS ELAPSED SINCE THE ACCESSION OF THAT MEMBER STATE TO THE COMMUNITY . FURTHERMORE , IT IS CLEAR THAT THERE WAS NO PARTICULAR URGENCY .
13 HOWEVER , THE ABOVE-MENTIONED CIRCUMSTANCES ARE NOT IN THEMSELVES SUFFICIENT TO RENDER THE ACTION INADMISSIBLE . BY FORMALLY STATING THE INFRINGEMENT OF THE TREATY WITH WHICH THE MEMBER STATE CONCERNED IS CHARGED , THE REASONED OPINION CONCLUDES THE PRE-LITIGATION PROCEDURE PROVIDED FOR IN ARTICLE 169 . THE PURPOSE OF THAT PROCEDURE IS TO GIVE THE MEMBER STATE AN OPPORTUNITY , ON THE ONE HAND , OF REMEDYING THE POSITION BEFORE THE MATTER IS BROUGHT BEFORE THE COURT AND , ON THE OTHER HAND , OF PUTTING FORWARD ITS DEFENCE TO THE COMMISSION ' S COMPLAINTS . THOSE AIMS WERE RESPECTED IN THIS CASE , SINCE THE COMMISSION WAITED FOR IRELAND ' S REPLY TO THE REASONED OPINION BEFORE BRINGING THE MATTER BEFORE THE COURT AND , AS THE COURT HAS SEEN , IRELAND SUBMITTED A REASONED REPLY TO THE COMMISSION ' S LETTER OF 24 SEPTEMBER 1981 AND TO THE REASONED OPINION , STATING THAT IT COMPLETELY DISAGREED WITH THE COMMISSION ' S ARGUMENTS AND INTENDED TO RETAIN IN FORCE THE CONTESTED NATIONAL RULES . THOSE CIRCUMSTANCES SHOW , MOREOVER , THAT THE COMMISSION ' S REGRETTABLE BEHAVIOUR DID NOT AFFECT THE FURTHER COURSE OF THE PROCEEDINGS .
14 IT FOLLOWS THAT THE ARGUMENTS PUT FORWARD BY IRELAND ARE NOT SUCH AS TO RENDER THE ACTION INADMISSIBLE .
15 THE SECOND GROUND OF INADMISSIBILITY IS DRAWN FROM THE OPPOSING INTERPRETATIONS GIVEN BY THE PARTIES TO ARTICLE 11 ( 1 ) OF COUNCIL DIRECTIVE 71/118 OF 15 FEBRUARY 1971 ON HEALTH PROBLEMS AFFECTING TRADE IN FRESH POULTRYMEAT