Opinion of Mr Advocate General Mischo delivered on 17 June 1986

1 Translated from the French.

2 Judgments of 6 May in Case 102/79 Commission v Belgium [1980] ECR 1473; 25 May 1982 in Case 96/81 Commission v Netherlands [1982] ECR 1791; 25 May 1982 in Case 97/81 Commission v Netherlands [1982] ECR 1819; 15 December 1982 in Case 160/82 Commission v Netherlands [1982] ECR 4637; 1 March 1983 in Case 300/81 Commission v Italy [1983] ECR 449 and 15 March 1983 in Case 145/82 Commissions Italy [1983] ECR 711.

3 In Case 159/78 the Italian Government also relied on the existence of an administrative circular stating that nationals of other Member States were to be treated in the same way as Italian nationals.

4 Judgment of 4 April 1974 in Case 167/73 Commission v France [ 1974] ECR 359 and more particularly the judgment of 4 December 1974 in Case 41/74 Van Duyn v Home Office [1974] ECR 1337.

5 Judgment of 21 June 1974 in Case 2/74 Reyners v Belgian State [1974] ECR 631.

6 Judgment of 3 December 1974 in Case 33/74 Van Binsbergen v Bedrijfsvereniging voor de Metaalnijverheid [1974] ECR 1299.

7 Judgment of 9 March 1978 in Case 106/77 Amministrazione delle Finanze dello Stalo v Simmenthal [1978] ECR 629 at paragraph 21.

8 In particular where a Member Stale has failed to take the implementing measures required or has adopted measures which do not conform to a directive — see the judgment of 6 May 1980 in Case 102/79 Commission v Belgium [1980] ECR 1487 at paragraph 12.

9 See the special section on the direct effect of directives in general in the judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Münister-Innenstadt [1982] ECR 53.

10 For regulations, see paragraph 20 of the judgment in Case 72/85 cited above and, for directives, paragraph 12 of the judgment in Case 102/79 also cited above.