C-297/95

OPINION OF MR TESAURO — CASE C-297/95

OPINION OF ADVOCATE GENERAL TESAURO delivered on 7 November 1996 *

1. By application lodged pursuant to In that connection, suffice it to note that the Article 169 of the Treaty, the Commission German Government does not deny the requests the Court to declare that, by breach of which it is accused. Indeed, in its failing to adopt within the period prescribed defence it acknowledged the delay in trans­ the measures necessary to comply with position, attributable to difficulties arising Council Directive 91/271/EEC of 21 May from the division of powers between the 1991 concerning urban waste water treat­ Länder and the central authorities, and 1 ment, the Federal Republic of Germany has declared that it intended to ensure that the failed to fulfil its obligations under the EC directive in question would be transposed (at Treaty. least in part) during 1996 at the latest.

2. I accordingly propose that the Court uphold the application and order the defen­ dant State to pay the costs of the proceedings.

* Original language: Italian. 1 — OJ 1991 L 135, p. 40.

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