C-310/86

OPINION OF MR MISCHO — CASE 310/86

OPINION OF MR ADVOCATE GENERAL JEAN MISCHO delivered on 17 May 1988 *

Mr President, necessary to comply with the directive Members of the Court, within 18 months of its notification and are to inform the Commission thereof 1. As nothing new was revealed at the forthwith. The 18 month period expired on hearing and the facts are not in dispute I 2 January 1984. can deliver my Opinion forthwith and it will be very brief. 3. The Italian Government acknowledges that it has not fulfilled its obligations but points out that a draft law to implement the 2. Article 8 of Council Directive directive is being prepared. 82/470/EEC of 29 June 1982 on measures to facilitate the effective exercise of freedom 4. That circumstance does not excuse the of establishment and freedom to provide fault which is complained of. As the Court services in respect of activities of self- has consistently held, a Member State may employed persons in certain services not plead provisions, practices or circum­ incidental to transport and travel agencies stances existing in its own legal system in (ISIC Group 718) and in storage and ware­ order to justify a failure to comply with housing (ISIC Group 720) 1 provides that obligations and time-limits laid down by Member States are to adopt the measures directives. 2

5. Consequently, I suggest that the Court declare that by failing to adopt within the prescribed period the provisions necessary to comply with Council Directive 82/470 of 29 June 1982 the Italian Republic has failed to fulfil its obligations under the EEC Treaty, and order it to pay the costs pursuant to Article 69 (2) of the Rules of Procedure.