C-429/85

OPINION OF MR DA CRUZ VILAÇA — CASE 429/85

OPINION OF MR ADVOCATE GENERAL DA CRUZ VILAÇA delivered on 21 October 1987 *

Mr President, 3. The fact that the Italian Republic's Members of the Court, administrative practice in applying the contested national legislation complies with the requirements of Directive 79 / 831 , on 1. My opinion in this case is straight­ which the Italian Republic relies, does not, forward and can only be favourable to the as the Court has consistently held, remedy Commission's argument, the substance of the breach of obligations arising from the which is, moreover, not challenged by the maintenance in force of a provision contrary Italian Republic. to Community law.

2. It is sufficient to refer to the judgment of 4. The Italian Government has not yet 14 October 1987 in Case 278/75 in which a adopted the legislation which it has similar complaint made against the announced and which will transpose fully Kingdom of Denmark was held to be well and properly that part of the directive into founded. national law.

5. I therefore propose that the Court should declare that by extending to importers the exemption from the obligation to give notice laid down in Article 6 of Council Directive 79 / 831 / EEC of 18 September 1979 amending for the sixth time Directive 67 / 548 / EEC on the approximation of laws, regulations and admin­ istrative provisions relating to the classification, packaging and labelling of dangerous substances , the Italian Republic has failed to fulfil its obligations under the first indent of Article 8 (1) of the directive in question . The Italian Republic should consequently be ordered to pay the costs.