THAT THE DANISH GOVERNMENT SUBMITTED ITS OBSERVATIONS ON 22 AUGUST 1979 .
12 THAT SUBMISSION MUST THEREFORE BE REJECTED .
13 SECONDLY THE DANISH GOVERNMENT CLAIMS THAT THE REASONED OPINION AND THE APPLICATION ARE NOT IDENTICAL .
14 IT SHOULD BE REMEMBERED THAT THE SUBJECT-MATTER OF AN APPLICATION BROUGHT UNDER ARTICLE 169 IS DETERMINED BY THE COMMISSION ' S REASONED OPINION AND THAT THEREFORE THE TWO DOCUMENTS MUST BE FOUNDED ON THE SAME GROUNDS AND SUBMISSIONS .
15 IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THAT OBLIGATION HAS BEEN FULFILLED . THE TERMS OF THE APPLICATION CORRESPOND TO THOSE OF THE REASONED OPINION ISSUED ON 6 OCTOBER 1980 . IN BOTH DOCUMENTS THE COMMISSION , HAVING RE-STATED THE POINT OF VIEW OF THE DANISH AUTHORITIES , DEFINES IN SIMILAR AND SUFFICIENTLY SPECIFIC TERMS THE INFRINGEMENT ALLEGED AND THE REASONS FOR WHICH IT CONSIDERS THAT THE KINGDOM OF DENMARK HAS FAILED TO FULFIL THE OBLIGATIONS IMPOSED ON IT BY THE TREATY .
16 ALTHOUGH THE COMMISSION DID PLEAD , FOR THE FIRST TIME IN THE APPLICATION , THE PROVISIONS OF FRAMEWORK DIRECTIVE 71/316 , IT WAS MERELY REPLYING TO A DEFENCE RAISED BY THE DANISH GOVERNMENT IN RESPONSE TO THE REASONED OPINION AND , IN DOING SO , ALTERED NEITHER THE DEFINITION NOR THE BASIS OF THE ALLEGED FAILURE TO FULFIL AN OBLIGATION .
17 THEREFORE THE SECOND SUBMISSION OF THE DANISH GOVERNMENT MUST BE REJECTED .
SUBSTANCE OF THE CASE
18 THE DISPUTE IS CONCERNED WITH THE CONTENT AND SCOPE OF THE OBLIGATIONS STEMMING FROM THE COMBINED PROVISIONS OF FRAMEWORK DIRECTIVE 71/316 AND OF DIRECTIVE 76/891 RELATING TO ELECTRICAL ENERGY METERS .
19 IN THE COMMISSION ' S VIEW IT FOLLOWS FROM THOSE PROVISIONS THAT THE MEMBER STATES , WITHOUT BEING OBLIGED TO INSTALL CONTROL EQUIPMENT , ARE NEVERTHELESS REQUIRED TO MAKE IT POSSIBLE FOR EEC SIGNS AND MARKS TO BE ISSUED AT THE REQUEST OF MANUFACTURERS OR IMPORTERS . THAT OBLIGATION CORRESPONDS TO THE OBJECTIVE OF THE DIRECTIVES WHICH WERE ADOPTED FOR THE PURPOSE OF ELIMINATING TECHNICAL BARRIERS TO TRADE AND ARE INTENDED TO ENABLE ELECTRICAL ENERGY METERS BEARING EEC SIGNS AND MARKS TO BE FREELY PLACED ON THE MARKET AND PUT INTO SERVICE IN THE WHOLE OF THE COMMUNITY .
20 THE COMMISSION EMPHASIZES THAT IN FULFILLING ITS OBLIGATION DENMARK MAY , IN ACCORDANCE WITH ANNEXES I AND II TO THE FRAMEWORK DIRECTIVE EITHER APPROVE THE TESTS CARRIED OUT ON ITS TERRITORY OR IN OTHER MEMBER STATES OR REQUIRE APPLICANTS TO MAKE AVAILABLE TO IT THE MEANS IN MATERIAL AND PERSONNEL NECESSARY FOR THE TESTS . THE EXISTENCE OF THAT OBLIGATION IMPOSED ON DENMARK IS CONFIRMED BY PARAGRAPH X , POINT 12 , OF ANNEX I TO THE ACT OF ACCESSION OF 1972 WHICH ASSIGNS TO DENMARK THE SEAL DK AS THE DISTINCTIVE SYMBOL TO BE ADDED TO THE EEC APPROVED SIGNS AND THE EEC INITIAL VERIFICATION MARKS GRANTED BY THAT STATE .
21 IN THE DANISH GOVERNMENT ' S VIEW IT IS CLEAR FROM