Opinion of Advocate General Lenz delivered on 21 January 1992
1 Original language: German.
2 Council Directive of 15 July 1980, OJ L 229 o( 30 August 1980, p. 11.
3 Commission v Belgium [1990] ECR I-2821, paragraph 23.
4 Commission v Italy [1985] ECR 1077.
5 Sec paragraph 19 of the judgment.
6 See Paragraph 21 of the judgment and see also the judgment in Case 74/82 Commission v Ireland [1984] ECR 317, paragraph 20.
7 Judgment in Case 31/69 Commission v Italy [1970] ECR 25; judgment in Case 211/81 Commission v Denmark [1982] ECR 4547; judgment in Case 51/83 Commission v Italy [1984] ECR 2793; judgment in Case 229/87 Commission v Greece [1988] ECR 6347.
8 See judgment in Case 166/82 Commission v Italy [1984] ECR 459; judgment in Case C-217/88 Commission v Germany [1990] ECR I-2879; and judgment in Case C-347/88 [1990] ECR I-4747.
9 Cases C-217/88 and C-347/88.
10 See judgment in Case 124/81 Commission v United Kingdom [1983] ECR 203; judgment in Case 166/82 Commission v Italy [1984] ECR 459; judgment in Case 325/82 Commission v Germany [1984] ECR 777; judgment in Case 309/84 Commission v Italy [1986] ECR 605; judgment in Case 298/86 Commission v Belgium [1988] ECR 4343.
11 See Case 309/84, paragraph 14.
12 See for example Case 325/82, at paragraph 8.
13 Sec Cases C-217/88 and C-347/88, cited above.
14 See most recently Case C-353/89 Commission v Netherlands [1991] ECR I-4069, paragraph 28 (which contains further references); as regards claims for damages by individuals against a Member State in respect of non-implementation of a directive, the judgment in Joined Cases C-6/90 and C-9/90 Frankovich and Bonifaci v Italy [1991] ECR I-5357.
15 My emphasis (OJ 1980 L 229, p. 11).
16 Ibid. (my emphasis).
17 Ibid. (my emphasis).
18 Criminal proceedings against X [1988] ECR 5099, at paragraph 10.
19 Case C-42/89, above at paragraph 23; see also the Opinion in that case, paragraph 22 et seq.
20 Translator's note: In the original German text of the Opinion this footnote reproduces the English text or the comments.
21 My emphasis.