Opinion of Advocate General Van Gerven delivered on 28 April 1993

1 Original language: Dutch.

2 OJ 1984 L 265, p. 1.

3 See Case 102/79 Commission v Belgium [1980] ECR 1473, paragraph 11, recently upheld in Case C-235/91 Commission v Ireland [1992] ECR I-5917, paragraph 10, and Case C-236/91 Commission v Ireland [1992] ECR I-5933, paragraph 6.

4 See Case C-64/90 Commission v France [1991] ECR I-4335, where the Court held that circulars do not constitute adequate transposition of a directive. That judgment also concerned a directive the protection of public health.

5 See, for example, Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 6; Case C-59/89 Commission v Germany [19911 ECR I-2607, paragraph 18; and Case C-64/90, cited above, paragraph 1 of the summary.

6 Case C-339/87 Commission v Netherlands [1990] ECR I-851, paragraph 25, recently upheld in Case C-64/90, cited above, paragraph 1 of the summary.