Opinion of Mr Advocate General Darmon delivered on 29 September 1987

1 Translated from the French.

2 Official Journal 1979, L 291, 19.11.1979.

3 First Council Directive for the implementation of Article 67 of tie Treaty of 11 May 1960 (Official Journal, English Special Edition 1959-62, p. 49); Second Council Directive of 18 December 1962 adding to and amending the First Directive of 18 December 1962 (Official Journal, English Special Edition 1963-64, p. 5).

4 Judgment of 7 February 1973 in Case 39/72 Commission v Italian Republic [1973] ECR 101, at paragraph 11, confirmed by the judgment of 5 June 1986 in Case 103/84 ECR 1759; the judgment of 20 February 1986 in Case 309/84 ECR 599 and most recently by the judgment of 17 June 1987 in Case 154/85 Commission v Italian Republic [1987] ECR 2717.

5 See the judgment of 4 April 1974 in Case 167/73 Commission v French Republic [1974] ECR 359 at paragraph IS: the Commission, in the exercise of the Çjwers which it has under Articles 155 and 169 of the reary, does not have to show the existence of a legal interest, since, in the general interest of the Community, its function is to ensure that the provisions of the Treaty are applied by the Member Sutes and to note the existence of any failure to fulfil the obligation deriving therefrom, with a view to bringing it to an end.

6 Judgment of 12 July 1973 in Case 70/72 Commission v Germany [1973] ECK 813, at paragraph 13.

7 Judgment of 14 December 1982 in Joined Cases 314 to 316/81 and 83/82 Procureur de la République et Comité national de déjense contre l'alcoolisme v Alex Waterkeyn and Others; Procureur de la République v Jean Cayard and Others [1982] ECR 4337, at paragraph 15.