C-326/87

OPINION OF MR CRUZ VIIAÇA — CASE 326/87

OPINION OF MR ADVOCATE GENERAL CRUZ VILAÇA delivered on 25 May 1988 *

Mr President, 4. The Italian authorities made no reply Members of the Court, during the administrative phase, and the Commission therefore brought the present action before the Court for a declaration 1. Commission Directive 84 / 414 / EEC' of 18 July 1984 amended, by adapting it to that by failing to give notice of the measures technical progress, Directive 76 / 764 / EEC which it was under a duty to adopt by virtue on the approximation of the laws of the of that directive, or by failing to adopt such Member States relating to clinical mercury- measures, the Italian Republic had failed to in-glass maximum-reading thermometers, 2 fulfil its obligations under the Treaty. as amended by Council Directive 83 / 128 / EEC of 28 March 1983. 3 5. In its defence, the Italian Government acknowledged its infringement of the Treaty by failing to transpose the directive, merely 2. Article 2 of the new directive provided stating that it had encountered certain diffi­ that the Member States were to bring into culties in doing so in due time and that it force the laws, regulations and adminis­ was making every effort to ensure that the trative provisions necessary to comply with process was completed as soon as possible. it by 1 January 1986 and inform the Commission thereof forthwith. 6. At the hearing the Commission confirmed that, needless to say, it now 3. Having received no information from the limited its application to the complaint Italian Republic, on 9 July 1986 the concerning the failure to adopt the Commission initiated the procedure under provisions necessary to implement the Article 169 of the Treaty. directive within the prescribed period.