C-291/93
ECLI:EU:C:1994:44
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OPINION OF MR LENZ — CASE C-291/93
OPINION OF MR ADVOCATE GENERAL LENZ delivered on 8 February 1994 *
Mr President, to fulfil its obligations under Article 171 Members of the Court, of the EEC Treaty;
1. In the present case, concerning infringe — order the Italian Republic to pay the ment of the Treaty, the Commission is pur costs. suing proceedings for non-compliance with the judgment of the Court of 12 July 1988 in 1 Case 322/86. In that case, which also con cerned infringement of the Treaty, the Court held: 'By failing to adopt within the pre scribed period the measures necessary in order to comply with Council 3. The Commission points out that, as the 2 Directive 78/659/EEC of 18 July 1978 on Court has consistently held, even though the quality of fresh waters needing protec Article 171 of the EEC Treaty does not pre tion or improvement in order to support fish scribe any time-limit within which a judg life the Italian Republic has failed to fulfil its ment is to be complied with, the interests of obligations under the Treaty'. the prompt and uniform application of Community law are such as to require such compliance to be initiated immediately and concluded within the shortest possible 3 time.
2. The Commission claims that the Court should
4. Following correspondence between the — declare that, by failing to adopt all the parties concerning compliance with the judg measures necessary to comply with the ment, the Commission initiated the Treaty Court's judgment of 12 July 1988 in infringement procedure in this matter Case 322/86 Commission vItaly [1988] on 15 May 1990. On 31 July 1991 it delivered ECR 3995, the Italian Republic has failed a reasoned opinion in which it set a time- limit of two months for the cessation of the infringement of the Treaty. * Original language: German. 1 — Judgment in Case 322/86 Commission v Italy [1988] ECR 3995. 2 — Council Directive 78/659/EEC of 18 July 1978 (OJ 1978 3 — Judgment in Case C-101/91 Commission v Italy [1993] L 222, p. 1) ECR 1-191, para. 20.
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COMMISSION v ITALY
5. On 25 January 1992 the Italian Republic Republic complied in full with the designa enacted Decreto legislativo No 130 4with a tion obligations laid down by Article 4 of the view to implementing the directive. The directive or the obligation to establish pro Decreto provides that the regions are to be grammes imposed by Article 5 of the direc entitled and obliged to fulfil the obligations tive. Since those obligations also formed laid down in Articles 4 and 5 of Directive the subject-matter of the judgment in 78/659/EEC. Case 322/86, 5 the failure to comply with them constitutes a concurrent failure to com ply with the judgment.
6. The Commission regarded the Decreto legislativo as inadequate and consequently brought an action for infringement of the Treaty on 18 May 1993. Neither at the con 7. That is not contested by the Italian clusion of the written procedure nor at the Republic. I therefore propose that the Com time of the oral procedure had the Italian mission's application be granted.
4 — Suppl. ord. No 34, published in GURI No 41 5 — See the judgment in Case 322/86 (loc. cit., para. 6) of 19 February 1992 and rectified in GURI No 121 of 25 May 1992 and No 175 of 27 July 1992.
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