1 By application lodged at the Court Registry on 17 September 1991, the Commission of the European Communities brought an action before the Court under Article 169 of the EEC Treaty for a declaration that by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding purposes of pure-bred breeding animals of the bovine species (OJ 1987 L 167, p. 54, hereinafter "the directive"), Ireland had failed to fulfil its obligations under the directive and in particular Article 6 thereof and under the EEC Treaty.
2 Article 6 of the directive provides that: "Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1989. They shall forthwith inform the Commission thereof".
3 The Commission contends that the mandatory character of directives required Ireland to adopt the legislative provisions necessary to transpose the directive into national law.
4 Ireland concedes that the legislative provisions necessary to give effect to the directive have still not been enacted. It maintains, however, that pending the adoption of the necessary legislation, the rules laid down by the directive are observed in practice.
5 Ireland' s argument cannot be accepted.
6 As the Court has consistently held in judgments concerning the implementation of directives, mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State' s obligations under the Treaty (judgment in Case 168/85 Commission v Italy [1986] ECR 2945, paragraph 13).
7 Consequently, Ireland, which does not dispute its obligation to adopt the legislative provisions necessary to transpose the directive into national law cannot, even temporarily, evade that obligation by relying on the application of an administrative practice alleged to be in accordance with the rules laid down by the directive.
8 It follows that the Commission is entitled to a declaration of infringement in the terms sought.