CELEX: 61985CC0361
Language: en
Date: 1987-01-14
Title: Opinion of Mr Advocate General Darmon delivered on 14 January 1987. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fufil its obligations - Failure to implement directives. # Case 361/85.

Important legal notice

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61985C0361

Opinion of Mr Advocate General Darmon delivered on 14 January 1987.  -  Commission of the European Communities v Italian Republic.  -  Failure of a Member State to fufil its obligations - Failure to implement directives.  -  Case 361/85.  

European Court reports 1987 Page 00479

Opinion of the Advocate-General

++++Mr President  Members of the Court,  1 . The Italian Government does not contest the failure to fulfil its obligations with which it is charged in these proceedings .  Council Directive 79/373 and Commission Directives 80/509, 80/511 and 80/695 deal with the harmonization of national legislation applying to the marketing of compound feedingstuffs . The period prescribed for incorporating those directives into national law expired on 1 January 1981, the Member States being under a duty to inform the Commission forthwith of the measures taken to that end .  To date, as the representative of the Italian Government confirmed at the hearing, the legal instrument implementing those directives in Italy has still not been adopted .  2 . According to an established line of cases of the Court,  "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 ". ( 1 )  3 . I therefore propose that the Court should :  ( 1 ) Declare that by failing to transpose the provisions of the aforesaid directives into national law, the Italian Republic has failed to fulfil the obligations set out in Articles 5 and 189 of the EEC Treaty;  ( 2 ) Order the defendant to pay the costs .  (*) Translated from the French .  ( 1 ) Judgments of 12 October 1982 in Cases 136, 148, 149 and 151/81 (( 1982 )) ECR 3547,3555, 3565 and 3573 .