C-13/90

OPINION OF MR LENZ —CASE C-13/90

provisions capable of creating a situation Article 1, specifically in order to help which is sufficiently precise, clear and protect human beings against the effects transparent to enable individuals to of lead in the environment. It does not ascertain their rights and obligations. In apply, however to occupational exposure. order to secure the full implementation Except in that case the obligation implies, of directives in law, and not only in fact, therefore, that whenever the exceeding Member States must establish a specific of the limit values could endanger human legal framework in the area in question. health the persons concerned must be in a position to rely on mandatory rules in order to be able to assert their rights. 2. As the Court has held (see the judgment Furthermore, the fixing of a limit value in Case C-59/89 Commission v Germany, in a provision the mandatory nature of above), the obligation imposed on the which is undeniable is also necessary in Member States to prescribe a limit value order that all those whose activities are which must not be exceeded in specific liable to give rise to nuisances may circumstances, laid down in Article 2 of ascertain precisely the obligations to the directive, is imposed, according to which they are subject.

O P I N I O N OF T H E ADVOCATE GENERAL

Mr Advocate General C. O. Lenz delivered his Opinion on 11 July 1991.* He concluded as follows:

Having regard to the legal situation persisting in France there is practically no alternative other than to agree, in the three cases with which we are concerned, with the Commission's view and declare that by failing to adopt within the prescribed period the laws, regulations and administrative provisions needed in order to comply with Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air, Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide and Council Directive 80/779/EEC of 15 July 1980 on the air quality limit values and guide values for sulphur dioxide and suspended particulates, the French Republic has failed to fulfil its obligations under the E E C Treaty. In accordance with the claims in the applications the defendant should also be ordered to pay the costs.