C-386/85

OPINION OF SIR GORDON SLYNN — CASE386/85

OPINION OF ADVOCATE GENERAL SIR GORDON SLYNN delivered on 15 January 1987

My Lords, should have been implemented by 31 December 1980, and the other two by 1 July 1981. In 1980 the Council adopted three directives dealing with health problems and public After asking the Italian authorities what had health policy in intra-Community trade in happened by letter dated 22 December relation to certain meat and meat products. 1983, and having not received a reply, the They were respectively numbered 80/214, Commission on 7 June 1985 issued a 80/1099 and 80/1100 (Official Journal reasoned opinion to the effect that Italy was 1980, L 47, p. 3; L 325, p. 14; L 325, in breach of its Treaty obligations. p. 16). Subsequently, the Commission commenced these proceedings.

It is perhaps of some importance to note In its defence, as today before the Court, that in the second two directives, 80/1099 the Italian Government has pointed out that and 80/1100, the Council stressed that the a draft to implement Directive 80/1099 is existence of a particular disease affecting before the Parliament and apparently is pigs represented a danger for the about to go to the Senate. It seems that Community's stock of pigs and that steps there is more delay in preparing the should be taken to ensure that the disease is necessary legislation to give effect to not spread in the course of trade in pigmeat. Directives 80/214 and 80/1100.

It is plainly a breach of the Treaty for these Accordingly, dates were fixed for the directives not to have been implemented in implementation of those directives: 80/214 the time-limit fixed by the directives.