C-314/95

92/117/EEC 6 and 92/118/EEC, 7 and by failing to notify the Commission thereof, the Italian Republic has failed to fulfil its obliga- tions under the Treaty and under Article 23(1) of Directive 92/45, Article 32(1) of 2. In accordance with the abovementioned Directive 92/46, Article 29(1) of Directive provisions, the Member States were required 92/65, the first paragraph of Article 2 of to bring into force the laws, regulations and Directive 92/88, the first sentence of administrative provisions necessary to com- ply with those directives before 31 Decem- ber 1993 or 1 January 1994 and in each case * Original language: Spanish. to inform the Commission. 1 — Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (OJ 1992 L 268, p. 35). 2 — Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ 1992 L 268, p. 1). 3 — Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, sperm, ova and embryos not subject to animal health requirements laid down in spe- cific Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ 1992 L 268, p. 54). 4 — Council Directive 92/88/EEC of 26 October 1992 amending Directive 74/63/EEC on undesirable substances and prod- ucts in animal nutrition (OJ 1992 L 321, p. 4). 5 — Council Directive 92/116/EEC of 17 December 1992 amend- 3. Since on 1 January 1994 the Commission ing and updating Directive 71/118/EEC on health problems had not received any notification of adapta- affecting trade in fresh poultrymeat (OJ 1993 L 62, p. 1). 6 — Council Directive 92/117/EEC concerning measures for pro- tions of national law as provided for by tection against specific zoonoses and specified zoonotic those directives, on 10 February 1994 it sent agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications a letter before action to the Italian Govern- (OJ 1993 L 62, p. 38). ment drawing to its attention the lack of 7 — Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and notification and asking it to communicate a imports into the Community of products not subject to the said requirements laid down in specific Community rules full and detailed description of the national referred to in Annex A(I) to Directive 89/662/EEC and, as provisions implementing those directives. In regards pathogens, to Directive 90/425/EEC (OJ 1993 L 62, P. 49). the same letter, the Commission complained

5. Since it received no other communication from the Italian authorities, the Commission delivered a reasoned opinion on 22 Septem­ ber 1994, in which it stated that, according to the information available, the Italian Repub­ lic had not transposed those directives into national law nor sent any such notification to the Commission, which constituted a fail­ 7. Since almost a year later the Commission ure to fulfil obligations, and therefore it had no evidence that Italy had implemented requested that the measures necessary to any of the directives, it brought this action implement the directives should be adopted which was lodged at the Registry of the within two months. Court of Justice on 3 October 1995.

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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-314/95

8. In its defence, the Italian Government the directives into national law, since the does not deny the alleged failure to fulfil its time-limit for doing so had expired on 31 obligations, merely repeating the claims December 1993 in the case of Directive made throughout the pre-litigation pro- 92/88 and on 1 January 1994 in the case of cedure that it would shortly be adopting the the others. provisions necessary to transpose those directives into national law.

10. The application should therefore be 9. It is clear from the Italian Government's upheld and, in accordance with Article 69(2) defence that, when the Commission lodged of the Rules of Procedure, the defendant its application, the Italian Republic had not Member State should be ordered to pay the adopted the measures necessary to transpose costs.

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