Opinion of Advocate General Gulmann delivered on 12 May 1993

1 Original language: Danish.

2 OJ, English Special Edition 1971 (II), p. 682. The directive was implemented in Italy by Law No 584 of 8 August 1977. The important change made to the directive by Council Directive 89/440/EEC post-dated the events of this case.

3 Case 199/85 Commission v Italy [1987] ECR 1039. paragraph 14.

4 Case C 24/91 Commission v Spain [1992] ECR 1 1989. paragraph 13.

5 The Italian Government explained that the requisite infor mation was collected between 1 December 1988 and 30 April 1989 and revealed that it was necessary to modify the initial project on a number of points. The work of constructing the avalanche barrier in fact look about three years, being com pleted in October 1991

6 I he Italian Government stated that the contract itself was not signed until 10 November 1988

7 The file includes a decision of the Municipality of Brennero of 28 September 1988 immediately suspending the works, the reason given is the absence of the requisite building per mit. At the hearing, the Italian Government explained that, notwithstanding that decision, lhe works had gone on with out interruption until 4 November 1988 when, as indicated, they had to be halted for the winter Also, the decision of the Municipality of Brennero was suspended by decision \'o 233 of the Consiglio di Stato of 15 November 1988 and, on 10 April 1989, the Italian Constitutional Court upheld the legaluv of the works

8 Sec Case C-24/91 Commission v Spain, cited above, paragraph 15.

9 And not on 26 April 1988 as indicated in Italy's reply to the formal letter from the Commission: sec the telex of 15 March 1990 from the Office of the Italian Permanent Representative to the Commission.

10 See, to similar effect, Case C-24/92 Commission ν Spain, cited above, paragraph 14.

11 In the French version l'urgence impérieuse resultant d'événements imprévisibles (emphasis added).

12 I'hat report was annexed to the Italian Government's reply to the questions put to it by trie Court.

13 Sec the telex of 15 March 1990 from the Office of the Italian Permanent Representative to the Commission.

14 That letter was included as annex 2 to the Italian Govern ment's reply to the questions put to it by the Court. I would point out in that connection that it appears from the abovementioned report of 4 March 1986 that on 24 January 1982 a contract was concluded tor the anti avalanche works in the neighbouring areas with Collini e Rabbiosi, the com pany with which the contract for the works at issue in this case was placed.