CELEX: 61985CC0365
Language: en
Date: 1986-10-01
Title: Opinion of Mr Advocate General Darmon delivered on 1 October 1986. # Commission of the European Communities v Italian Republic. # Failure to adopt within the prescribed period the implementing measures provided for in directives on the marketing of straight feedingstuffs). # Case 365/85.

Important legal notice

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61985C0365

Opinion of Mr Advocate General Darmon delivered on 1 October 1986.  -  Commission of the European Communities v Italian Republic.  -  Failure to adopt within the prescribed period the implementing measures provided for in directives on the marketing of straight feedingstuffs).  -  Case 365/85.  

European Court reports 1987 Page 00259

Opinion of the Advocate-General

++++Mr President,  Members of the Court,  1 . This application for a declaration that Italy has failed to fulfil its obligations presents few difficulties . The failure is established and, moreover, is not contested by the defendant State .  Council Directives 77/101 and 79/372 and Commission Directives 79/797 and 80/510 concern the harmonization of national laws applicable to the marketing of animal feedingstuffs . The period for transposing those directives into national law expired on 1 January 1981 and the Member States were under a duty to inform the Commission forthwith of provisions adopted to that effect .  The Italian Republic has not yet adopted legal provisions implementing the directives, as was confirmed by the representative at the hearing .  2 . The Court has consistently held that :  "The governments of the Member States participate in the preparatory work for directives and must therefore be in a position to prepare, within the period prescribed, the draft legislative provisions necessary for their implementation"  ( judgments in Cases 136, 148, 149 and 151/81 of 12 October 1982 ).  The transposition of directives in good time is mandatory . Since they concern the harmonization of national laws, any delay in adopting the laws or provisions necessary for their implementation constitutes a breach in the uniformity of application of Community law contrary to the fundamental rules laid down in Articles 5 and 189 of the EEC Treaty .  3 . Consequently, I propose that the Court should declare that, by failing to adopt the necessary provisions for the implementation of the abovementioned directives by 1 January 1981, Italy has failed to fulfil its Community obligations .  (*) Translated from the French .