Opinion of Mr Advocate General Van Gerven delivered on 25 September 1990

1 Original language. Dutch.

2 Council Directive of 17 December 1979 (OJ 1980 L 20, p. 43).

3 See point 7 of my Opinion in Case C-131/88.

4 See point 8 of the abovementioned Opinion.

5 See point 9 of the abovementioned Opinion

6 See point 10 of the abovementioned Opinion

7 Official Gazette of the Iulian Republic No 141 of 29 May 1976, p. 4125.

8 See the first paragraph of part I of Annex 5 to the decision, published in the Official Gazette of the Italian Republic, Ordinary Supplement No 48, 28 February 1977, p. 1. The Commission has not questioned the normative character of that decision, and I do not think it necessary to consider that issue.

9 Paragraph 3.1 of part I of Annex 5 to the decision.

10 The Commission's attitude on this point is all the more surprising inasmuch as in support of another complaint it correctly pointed out that the Italian Law No 319 (cited above, note 6) permits all discharges under certain conditions (see section 7, below).

11 Cited above, note 6

12 See, for example, paragraphs 28 and 33 of the Report for lhe Hearing and section 13 of this Opinion

13 Cited above, note 6.

14 Cited above, note 7.

15 Cited above, note 6.

16 That law is entitled Conversione in legge, con modificazioni, del decreto legge 30 dicembre 1981, No 801, concernente provvedimenti urgenti in materia di tutela delle acque dall'inquinamento (Official Gazette of lhe Italian Republic No 63 of 5 March 1982. p 1713)

17 Cited above, note 6.

18 Cited above, note 6.

19 Cited above, note 7,