C-49/86

COMMISSION v ITALY

OPINION OF MR ADVOCATE GENERAL LENZ delivered on 7 April 1987*

Mr President, Directive 82/76/EEC of 26 January 1982, ' Members of the Court, the Italian Republic has failed to fulfil its obligations under the EEC Treaty. The Italian Republic does not deny the infringement of the Treaty complained of 1. I can be brief in my Opinion on the and has put forward no express conclusions. action concerning an infringement of the It merely stated that some of the provisions Treaty which is now before the Court. of the directive, which however are not the subject-matter of these proceedings, are already applicable in its internal legal 2. The Commission of the European system. Communities, the applicant, is seeking a declaration that, by failing to lay down by 3. According to Article 16 of Directive law, regulation or administrative action 82/76/EEC Member States are to take the within the prescribed period the provisions necessary measures to comply with the necessary for its rules to comply, with directive by 31 December 1982 at the latest. regard to full-time and part-time training It is not disputed that the Italian Republic for medical specialists, with Council has not fulfilled that obligation.

4. I therefore propose that the application be allowed and that the Italian Republic be ordered to bear the costs.

1 — Council Directive of 26 January 1982 amending Directive 75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifi- cations ¡n medicine, including measures to facilitate the effective exercise of the riçht of establishment and freedom to provide services and Directive 75/363/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors. * Translated from the Italian.