C-77/91

OPINION OF MR GULMANN — CASE C-77/91

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

Mr President, 2. By an application of 22 February 1991 Members of the Court, the Commission brought an action for a declaration that, by not adopting the measures necessary to comply with Council 1. Council Directive 81/851/EEC of 28 Directives 81/851 and 81/852 within the September 1981 ' on the approximation of periods prescribed therein, the Italian the laws of the Member States relating to Republic has failed to fulfil its obligations veterinary medicinal products and Council under Articles 5 and 189 of the EEC Treaty. Directive 81/852/EEC of 28 September 1981 2 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products should, under Article 51(1) of the former The Italian Republic has admitted that the and Article 3 of the latter directive, have provisions necessary to implement Council been implemented by the Member States by Directives 81/851 and 81/852 in its national 28 September 1983. law have not yet been adopted.

3. I therefore have no choice but to propose that the Court should give the declaration sought by the Commission and order the Italian Republic to pay the costs.

* Original language: Danish. 1 — Official Journal 1981 L 317, p. 1. 2 — Official Journal 1981 L 317, p. 16.

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