C-416/97
ECLI:EU:C:1998:477
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OPINION OF MR MISCHO — CASE C-416/97
OPINION OF ADVOCATE GENERAL MISCHO delivered on 13 October 1998 *
1. By this action brought against the Italian 74/63/EEC on undesirable substances and Republic on 9 December 1997, the Commis- products in animal nutrition, 3 sion applied to the Court for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with:
— Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat, 4 — Council Directive 93/119/EC of 22 December 1993 on the protection of ani- mals at the time of slaughter or killing, 1
or in any event by failing to notify the Com- mission of such provisions, the Italian Republic had failed to fulfil its obligations under those directives. It also requested that — Council Directive 94/42/EC of 27 July the Italian Republic be ordered to pay the 1994 amending Directive 64/432/EEC on costs. health problems affecting intra- Community trade in bovine animals and swine, 2
2. In its application, the Commission retraced — Commission Directive 94/16/EC of 22 the various stages of the pre-litigation proce- April 1994 amending Council Directive dure provided for under Article 169 of the EC Treaty.
* Original language French. 1 — OJ 1993 L 340, p. 21. 3 — OJ 1994 L 104, p. 32. 2 — OJ 1994 L 201, p. 26. 4 — OJ 1993 L 340, p. 15.
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3. In its defence, lodged on 14 February 1998, under that Community Statute, and Directive the Italian Republic does not deny either the 94/16 will be transposed by a ministerial regularity of that procedure or the reality of decree which is currently at the consultation the failure to fulfil obligations. It merely pro- stage between the national administrations vides information as to the latest state of the concerned. timetable drawn up for the transposition of the directives in question. Directives 93/119 and 93/118 will be transposed by legislative decree once the Community Statute for 1995/1997, parliamentary scrutiny of which is on the point of completion, has been approved 4. The Commission considered it unneces- and has entered into force. Directive 94/42 sary to file a reply, and both parties waived a will be transposed by regulation authorised hearing.
5. In those circumstances, I can only p r o p o s e that t h e C o u r t s h o u l d allow the C o m - mission's action in full and therefore:
(1) Declare that, b y failing t o a d o p t the necessary l a w s , regulations and administra- tive p r o v i s i o n s t o c o m p l y w i t h C o u n c i l D i r e c t i v e 9 3 / 1 1 9 / E C of 22 D e c e m b e r 1993 o n t h e p r o t e c t i o n of animals at t h e t i m e of slaughter o r killing, C o u n c i l Directive 9 4 / 4 2 / E C of 27 J u l y 1994 a m e n d i n g D i r e c t i v e 6 4 / 4 3 2 / E E C o n health p r o b l e m s affecting i n t r a - C o m m u n i t y t r a d e in b o v i n e animals a n d swine, C o m - mission Directive 9 4 / 1 6 / E C of 22 A p r i l 1994 a m e n d i n g C o u n c i l Directive 7 4 / 6 3 / E E C o n u n d e s i r a b l e substances a n d p r o d u c t s in animal n u t r i t i o n , and C o u n c i l D i r e c t i v e 9 3 / 1 1 8 / E C of 22 D e c e m b e r 1993 a m e n d i n g Directive 8 5 / 7 3 / E E C o n t h e financing of health i n s p e c t i o n s a n d c o n t r o l s of fresh meat and p o u l t r y m e a t , o r in a n y event b y failing t o notify t h e C o m m i s s i o n of such p r o v i s i o n s , t h e Italian R e p u b l i c has failed t o fulfil its obligations u n d e r those directives;
(2) O r d e r t h e Italian R e p u b l i c t o p a y t h e costs.
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