C-75/91

OPINION OF MR TESAURO —CASE C-75/91

O P I N I O N OF MR ADVOCATE GENERAL TESAURO delivered on 16 January 1992 *

Mr President, In these proceedings the Commission seeks Members of the Court, a declaration by the Court that, by failing to adopt the provisions needed to comply with the aforesaid judgment, the Kingdom of the Netherlands has failed to fulfil its obli- gations under Article 171 of the EEC By judgment of 13 October 1987 (in Case Treaty. 236/85), ' the Court declared that, by not adopting within the prescribed period all the laws, regulations and administrative provisions needed to comply with Council Directive 79/409/EEC of 2 April 1979 on The Netherlands Government, whilst the conservation of wild birds,2 the pointing out that it has prepared a draft law Kingdom of the Netherlands had failed containing the requisite measures, concedes to fulfil its obligations under the EEC that it has not yet complied with the Court's Treaty. judgment.

I therefore propose that the Court should uphold the application and order the defendant to pay the costs.

* Original language: Italian. 1 — Commission v Netherlands [1987] ECR 3989. 2 — OJ 1979 L 103, p. 1.

I-552