C-303/95

OPINION OF MR LENZ — CASE C-303/95

OPINION OF ADVOCATE GENERAL LENZ delivered on 11 June 1996

1. In the present Treaty-infringement pro­ the measures necessary to comply with ceedings, the Commission claims that, by the directive before 18 September 1992 not adopting the laws, regulations and and forthwith to inform the Commission administrative provisions necessary to trans­ thereof. pose Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances, or at least by failing to inform the Commission of those provisions, the Italian Republic has failed to fulfil its obligations under that directive. 3. The defendant does not dispute the breach of which it stands accused. It simply points out that the measures required to 2. Under Article 11 of Directive 91/157, transpose the directive are in the process of Member States were required to take preparation.

4. In those circumstances , I can only propose that the Court rule that , by not adopting within the prescribed period the laws , regulations and administrative pro­ visions necessary to comply with Council Directive 91 / 157 / EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances , the Italian Republic has failed to fulfil its obligations under that directive. I also pro­ pose that the Italian Republic be ordered to pay the costs of the proceedings .

* Original language: German. 1 — OJ 1991 L 78, p. 38.

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