C-309/86

O P I N I O N O F MR D A R M O N — C A S E 309/86

O P I N I O N O F M R ADVOCATE GENERAL D A R M O N delivered on 15 December 1987*

Mr President, attained so that its failure, which it does not Members of the Court, dispute, consists in the fact that it has given effect only partially to those directives. 1. The sole point at issue between the Commission and the Italian Government in 2. The decided cases of the Court this case is the extent of the failure to fulfil emphasize the obligation of the Member obligations under the EEC Treaty. States to ensure the 'full application' 3of According to the Commission, the failure Community directives. The Italian consists in the fact that Council Directives Government has admitted that that is not 82/242 1 and 82/243 2 have not been the case in Italy. In addition, the Court has transposed into Italian law. The Italian always held that difficulties concerning Government maintains that its domestic domestic procedures for the laying down of legislation includes provisions enabling some rules are not capable of justifying a State's of the objectives of those directives to be failure to fulfil its obligations.

3. Consequently, I propose that the Court should:

(1) Declare that, by failing to adopt within the period prescribed the measures needed to ensure the full application of Council Directive 82/242/EEC of 31 March 1982 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic surfactants and of Council Directive 82/243/EEC of the same date on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants, the Italian Republic has failed to fulfil its obligations under the EEC Treaty;