Opinion of Mr Advocate General Darmon

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

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.

1 Translated from the French.