C-296/90

OPINION OF MR DARMON — CASE C-296/90

OPINION OF MR ADVOCATE GENERAL DARMON delivered o n 2 J u l y 1991 *

Mr President, 2. T h e Italian Republic was to have Members of the Court, implemented those directives by 5 August 1987 at the latest, apart from Article 22 of Directive 85/384, for which an additional period was prescribed, expiring, for that 1. By this action the Commission seeks a State, on 5 August 1988. declaration that by failing to take, within the prescribed period, the measures needed 3. T h e failure to fulfil obligations was not to implement Council Directives contested by the defendant State, which 85/384/EEC of 10 June 1985 on the noted in its written observations that the law mutual recognition of diplomas, certificates laying down 'provisions for the performance and other evidence of formal qualifications of the obligations arising from Italy's in architecture, including measures to membership of the European Community facilitate the effective exercise of the right (Community law for 1990)' was adopted on of establishment and freedom to provide 29 December 1990 and published in services, 1 85/614/EEC of 20 December Ordinary Supplement No 10 of 12 January 1985 amending, on account of the accession 1991 to the Gazzetta Ufficiale della of Spain and Portugal, Directive Repubblica Italiana. Artide 5 of that Law 85/384/EEC, 2 and 86/17/EEC of confers on the Government the power to 27 January 1986 amending, on account of pass decrees containing the provisions the accession of Portugal, Directive needed to transpose the three directives. We 8 5 / 3 8 4 / E E C , 3 or in any event by failing to learnt at the hearing that the relevant inform the Commission of such measures, decrees have not yet been adopted and it the Italian Republic has failed to fulfil its does not appear that they are to be adopted obligations under the EEC Treaty. in the immediate future.