C-365/85

OPINION OF MR DARMON — CASE 365/85

O P I N I O N O F M R ADVOCATE GENERAL D A R M O N delivered on 1 October 1986*

Mr President, as was confirmed by the representative at Members of the Court, the hearing. 2. The Court has consistently held that: 1. This application for a declaration that Italy has failed to fulfil its obligations 'The governments of the Member States presents few difficulties. The failure is estab- participate in the preparatory work for lished and, moreover, is not contested by directives and must therefore be in a the defendant State. position to prepare, within the period prescribed, the draft legislative provisions Council Directives 77/101 and 79/372 and necessary for their implementation' Commission Directives 79/797 and 80/510 (judgments in Cases 136, 148, 149 and concern the harmonization of national laws 151/81 of 12 October 1982). applicable to the marketing of animal feed- The transposition of directives in good time ingstuffs. The period for transposing those is mandatory. Since they concern the directives into national law expired on 1 harmonization of national laws, any delay January 1981 and the Member States were in adopting the laws or provisions necessary under a duty to inform the Commission for their implementation constitutes a forthwith of provisions adopted to that breach in the uniformity of application of effect. Community law contrary to the funda- The Italian Republic has not yet adopted mental rules laid down in Articles 5 and 189 legal provisions implementing the directives, of the EEC Treaty.