C-361/85

OPINION OF MR DARMON —CASE 361/85

O P I N I O N O F M R ADVOCATE GENERAL D A R M O N delivered on 14 January 1987*

Mr President, to inform the Commission forthwith of the Members of the Court, measures taken to that end. To date, as the representative of the Italian 1. The Italian Government does not contest Government confirmed at the hearing, the the failure to fulfil its obligations with which legal instrument implementing those it is charged in these proceedings. directives in Italy has still not been adopted. Council Directive 79/373 and Commission 2. According to an established line of cases Directives 80/509, 80/511 and 80/695 deal of the Court, with the harmonization of national legis- 'the governments of the Member States lation applying to the marketing of participate in the preparatory work for compound feedingstuffs. The period directives and must therefore be in a prescribed for incorporating those directives position to prepare, within the period into national law expired on 1 January prescribed, the draft legislative provisions 1981, the Member States being under a duty necessary for their implementation'. '

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.