CELEX: 61986CC0310
Language: en
Date: 1988-05-17
Title: Opinion of Mr Advocate General Mischo delivered on 17 May 1988. # Commission of the European Communities v Italian Republic. # Failure by a Member State to fulfil its obligations - Failure to transpose Council Directive 82/470/EEC into national law - Effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies and in storage and warehousing. # Case 310/86.

Important legal notice

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61986C0310

Opinion of Mr Advocate General Mischo delivered on 17 May 1988.  -  Commission of the European Communities v Italian Republic.  -  Failure by a Member State to fulfil its obligations - Failure to transpose Council Directive 82/470/EEC into national law - Effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies and in storage and warehousing.  -  Case 310/86.  

European Court reports 1988 Page 03987

Opinion of the Advocate-General

++++Mr President,  Members of the Court,  1 . As nothing new was revealed at the hearing and the facts are not in dispute I can deliver my Opinion forthwith and it will be very brief .  2 . Article 8 of Council Directive 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in certain services incidental to transport and travel agencies ( ISIC Group 718 ) and in storage and warehousing ( ISIC Group 720 ) ( 1 )provides that Member States are to adopt the measures necessary to comply with the directive within 18 months of its notification and are to inform the Commission thereof forthwith . The 18 month period expired on 2 January 1984 .  3 . The Italian Government acknowledges that it has not fulfilled its obligations but points out that a draft law to implement the directive is being prepared .  4 . That circumstance does not excuse the fault which is complained of . As the Court has consistently held, a Member State may not plead provisions, practices or circumstances existing in its own legal system in order to justify a failure to comply with obligations and time-limits laid down by directives.(2 )  5 . Consequently, I suggest that the Court declare that by failing to adopt within the prescribed period the provisions necessary to comply with Council Directive 82/470 of 29 June 1982 the Italian Republic has failed to fulfil its obligations under the EEC Treaty, and order it to pay the costs pursuant to Article 69 ( 2 ) of the Rules of Procedure .  (*) Translated from the French .  ( 1 ) Official Journal L 213 of 21 July 1982, p . 1 .  ( 2 ) Judgment of 24 November 1987 in Case 125/86 Commission v Italian Republic (( 1987 )) ECR 4669, at paragraph 6; see also, more recently, the judgment of 14 January 1988 in Joined Cases 227 to 230/85 Commission v Belgium (( 1988 )) ECR 1, at paragraph 10, or the judgment of 27 April 1988 in Case 225/86 Commission v Italy (( 1988 )) ECR 2271, at paragraph 10 .