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Opinion of Mr Advocate General Gulmann delivered on 27 October 1993. # Commission of the European Communities v Ireland. # Failure to fulfil obligations - Directives concerning breeding animals of the porcine species, sheep and goats - Failure to transpose. # Case C-384/92.
ECLI:EU:C:1993:866
61992CC0384
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OPINION OF ADVOCATE GENERAL
delivered on 27 October 1993 (*1)
Mr President,
Members of the Court,
1. In bringing this action the Commission seeks a declaration that Ireland has failed to fulfil its obligations under the EEC Treaty by not implementing Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species, (1) Council Directive 89/361/EEC of 30 May 1989 concerning purebred breeding sheep and goats, (2) Council Directive 90/118/EEC of 5 March 1990 on the acceptance of purebred breeding pigs for breeding (3) and Council Directive 90/119/EEC of 5 March 1990 on hybrid breeding pigs for breeding. (4) Those directives required Member States to bring into force the laws, regulations and administrative provisions necessary to comply with them not later than 1 January 1991.
2. In its defence, the Irish Government concedes that it has not yet adopted the laws, regulations and administrative provisions necessary to comply with those directives and limits itself to submitting that the directives are being complied with in administrative practice.
3. The Irish Government has not disputed its obligation to introduce the laws, regulations and administrative provisions needed to implement the directives. It has therefore not disputed that it has acted contrary to Community law, inasmuch as the Court has consistently held that mere administrative practices, which by their very nature arc alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations under the Treaty. (5)
Conclusion
4. I therefore propose that the Court should uphold the Commission's claim and order Ireland to pay the costs of the proceedings.
*1 Original language: Danish.
(1) OJ 1988 L 382, p. 36.
(2) OJ 1989 L 153, p. 30.
(3) OJ 1990 L 71, p. 34.
(4) OJ 1990 L 71, p. 36.
(5) Sec, for example, the judgment in Case 168/85 Commission v Italy [1986] ECR 2945, at paragraph 13, as cited in paragraph 6 of the Court's judgment in Case C-236/91 Commission v Ireland [1992] ECR I-5933.