ECLI:EU:C:1986:434•Opinion of Mr Advocate General Darmon delivered on 19 November 1986. # Commission of the European Communities v Italian Republic. # Intra-Community trade in cattle and swine - Transposition into national law of certain directives. # Case 364/85.
Opinion of Mr Advocate General Darmon delivered on 19 November 1986. # Commission of the European Communities v Italian Republic. # Intra-Community trade in cattle and swine - Transposition into national law of certain directives. # Case 364/85.
ECLI:EU:C:1986:434Eu CjeuNov 19, 1986
Full text
Opinion of the Advocate-General
Opinion of the Advocate-General
++++
Mr President,
Members of the Court,
1 . The Commission is asking for a declaration that, by failing to adopt within the prescribed period the provisions necessary to comply with Council Directives 80/219/EEC, 80/1098/EEC and 80/1102/EEC, amending Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine, the Italian Republic has failed to fulfil its obligations under the EEC Treaty .
2 . The defendant Member State does not contest that it has failed to fulfil its obligations . Its representative confirmed at the sitting that the legislation designed to implement the aforementioned directives in Italy is still being discussed in the Italian Parliament .
3 . Once again, as the Court held in a similar case, it must be pointed out that
"the governments of the Member States participate in the preparatory work for directives and must therefore be in a position to prepare, within the period prescribed, the draft legislative provisions necessary for their implementation" ( judgments of 12 October 1982 in Cases 136, 148, 149 and 151/81 ).
4 . The Commission' s action must therefore be upheld since the Italian Republic has failed to fulfil its obligations under Articles 5 and 189 of the EEC Treaty .
(*) Translated from the French .
- 1 -
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.