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 As amended on 23 September 1986, BGBl 1986, I, pp. 1529 and 1654.

4 Gesetz über die Vermeidung und Entsorgung von Abfällen of 27 August 1986, BGB] I, pp. 1401 and 1501.

5 Sec judgment in Case 29/84 Commission v Germany [1985] ECR 1661, paragraph 23

6 Judgment, ibid.; see also the judgment in Case 363/85 Commission v Italy [1987] ECR 1733, paragraph 7, and the judgment in Case 116/86 Commission v Italian Republic [1988] ECR 1323, paragraph 21.

7 With reference to the judgment in Case 252/85 Commission v France [1988] ECR 2243, paragraph 5.

8 See the judgment in Case 363/85 Commission v Italy [1987] ECR 1733, paragraphs 7 to 12.

9 See for instance the judgment in Case 29/84, referred to in footnote 4, in particular paragraphs 25 to 38.

10 See for example the ludgment in Case 116/86 Commission v Italy [1988J ECR 1323 and the judgment in Case 429/85 Commission v Italy [1988] ECR 849

11 Judgment in Case C-339/87 Commission v Netherlands [1990] ECR I-851, in particular paragraphs 22 to 25 and paragraph 32

12 Sec the judgment in Case 252/85 Commission v France [1988] ECR 2243, paragraphs 18 to 19, and the judgment in Case 339/87, referred to in the previous footnote, paragraphs 35 to 36 The ludgments concern the interpretation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ 1979 L 103, p 1

13 Cited in the previous footnote.

14 See the judgment in Case 252/85 (cited in footnote 6), paragraph 5.

15 Fourth recital in the preamble.

16 See the judgment in Case 291/84 Commission v Netherlands [1987] ECR 3483, paragraph 15 (re. Article 4(3) of the directive); see also paragraphs 16 to 18 (re. Article 6).

17 Paragraph 19a(2) provides that those substances are to be defined in a regulation. The regulation is the Verordnung über wassergefährdende Stoffe bei der Beförderung in Rohrleitungsanlagen of 19 December 1973, BGBl 1973, I, p. 1946. As the Commission states, that regulation also does not cover all the substances referred to in list I.

18 See for instance the judgment in Case 116/86 Commwwnv Italy [1988] ECR 1323, in particular paragraph 17 ci seq

19 Defence p. 2G, paragraph 30.

20 See the judgment in Case 291/84, referred to in footnote 15, paragraphs 16 to 18 (re. Article 6 of the directive).

21 The Commission referred to the legislation in force in Schleswig-Holstein.

22 The Commission referred infer alia to the Free and Hanseatic City of Hamburg, Hessen, Baden-Württemberg, Bavaria, Rheinland-Pfalz and Bremen

23 Schleswig-Holstein is an example.

24 The reference is to the ludgment of [he Bundesverwaltungsgericht of 16 July 1965, ZfW 1965, pp. 113 and 116.

25 Sec P. Kromarek, Federal Republic of Germany Water and Waste, in European Community Environmental Poliev in Practice, Vol 4, 1986 at p 82

26 See the judgment in Case 291/84, referred to in footnote 15, paragraphs 16 to 18.

27 See the judgment in Joined Cases 227/85 to 230/85 Commission v Belgium [1988] ECR 1, paragraphs 9 and 10.

28 The Commission stated for instance, without being contradicted by the Federal German Government on this point, that the legislation in Lower Saxony, Hessen and Bavaria contained no provision whatsoever relating to the investigations referred to in Article 7. The Federal German Government did not make it clear at the hearing whether one or more of those Länder had adopted the Musterverwaltungsvorschrifi referred to above.

29 See the judgment in Case 291/84, referred to in footnote 15, paragraphs 16 to 18.

30 In this respect Article 13 may be compared with Article 18 of the directive, according to which the application of the measures taken pursuant to the directive may on no account lead, either directly or indirectly, to pollution of the groundwater. In relation to that provision the Court held in its judgment in Case 291/84 (cited in footnote 15) that it was not necessary to implement it in the form of a separate and specific provision of national law (see paragraphs 19 to 21).