1 By application lodged at the Court Registry on 21 November 1991, the Commission of the European Communities brought an action pursuant to Article 169 of the EEC Treaty for a declaration that by failing to communicate the laws, regulations and administrative provisions by which it considers itself to have fulfilled its obligations under Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29), or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under the directive and under the Treaty.
2 The French Government acknowledges that, by the expiry of the period laid down in the reasoned opinion, it had not yet implemented the abovementioned directive.
3 In those circumstances, the Commission' s submissions concerning the failure to fulfil obligations must be upheld.