C-364/85

OPINION OF MR DARMON — CASE 364/85

O P I N I O N OF M R A D V O C A T E GENERAL D A R M O N delivered on 19 November 1986*

Mr President, sitting that the legislation designed to Members of the Court, implement the aforementioned directives in Italy is still being discussed in the Italian 1. The Commission is asking for a Parliament. declaration that, by failing to adopt within the prescribed period the provisions 3. Once again, as the Court held in a necessary to comply with Council Directives similar case, it must be pointed out that 80/219/EEC, 80/1098/EEC and 80/1102/ EEC, amending Directive 64/432/EEC on 'the governments of the Member States animal health problems affecting intra- participate in the preparatory work for Community trade in bovine animals and directives and must therefore be in a swine, the Italian Republic has failed to position to prepare, within the period fulfil its obligations under the EEC Treaty. prescribed, the draft legislative provisions necessary for their implementation' 2. The defendant Member State does not (judgments of 12 October 1982 in Cases contest that it has failed to fulfil its obli- 136, 148, 149 and 151/81 [1982] ECR gations. Its representative confirmed at the 3547, 3555, 3565 and 3573).

4. The Commission's action must therefore be upheld since the Italian Republic has failed to fulfil its obligations under Articles 5 and 189 of the EEC Treaty.

* Translated from the French.