Opinion of Mr Advocate General Gulmann

Mr President,

Members of the Court,

1. Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to veterinary medicinal products and Council Directive 81/852/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products should, under Article 51(1) of the former and Article 3 of the latter directive, have been implemented by the Member States by 28 September 1983.

2. By an application of 22 February 1991 the Commission brought an action for a declaration that, by not adopting the measures necessary to comply with Council Directives 81/851 and 81/852 within the periods prescribed therein, the Italian Republic has failed to fulfil its obligations under Articles 5 and 189 of the EEC Treaty. The Italian Republic has admitted that the provisions necessary to implement Council Directives 81/851 and 81/852 in its national law have not yet been adopted.

3. I therefore have no choice but to propose that the Court should give the declaration sought by the Commission and order the Italian Republic to pay the costs.

1 Original language: Danish.

2 Official Journal 1981 L 317, p. 1.

3 Official Journal 1981 L 317, p. 16.