Opinion of Advocate General Gulmann delivered on 10 March 1993

1 Original language: Danish.

2 OJ, English Special Edition 1972 (31 December), p. 3.

3 The Court has had to take cognizance on various occasions of this directive, which has been the subject of several judgments. See, in particular, the judgments in Case C-287/89 Commission v Belgium [1991] ECR I-2233, Case 90/82 Commission v France [1983] ECR 2011, Case 78/82 Commission v Italy [1983] ECR 1955 and Case 13/77 GB-Inno-BM v Vereniging van de Kleinhandelaars in Tabak [1977] ECR 2115.

4 Sec footnote 2.

5 See the judgment in Case 116/86 Commission v Italy [1988] ECR 1323, of which paragraph 21 reads as follows: ambiguous legislation which leaves those subject thereto in a state of uncertainty as to the extent to which they may rely on Community law does not fulfil the obligation to transport a directive into national law.

6 [1983] ECR 2011, paragraphs 22 and 23.

7 Sec the judgment in Case C-152/89 Commission v Luxembourg [1991] ECR I-3141, paragraph 9.