Opinion of Mr Advocate General Lenz delivered on 21 November 1990. # Commission of the European Communities v Italian Republic. # Failure by a Member State to fulfil its obligations - Discharge of cadmium. # Case C-70/89.

Opinion of the Advocate-General

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Mr President,

Members of the Court,

1 . The Court is familiar with the Commission' s application in this case, in which it asks the Court to declare that the Italian Republic has failed to fulfil its obligations under Council Directive 83/513/EEC of 26 September 1983, ( 1 ) on limit values and quality objectives for cadmium discharges, by failing to adopt, within the time-limit laid down in Article 6 of that directive, the measures necessary to ensure proper transposition of the directive or by failing to give immediate notice thereof to the Commission .

2 . The seven points which the Commission representative has just raised are set out in the Report for the Hearing . The representative of the Italian Government has not denied the infringement of the Treaty, either at the hearing today or in the written procedure . Consequently, Mr President and Members of the Court, I propose that the Court uphold the Commission' s application and order the Italian Republic to pay the costs .

(*) Original language : German .

( 1 ) OJ 1983 L 291, p . 1 .