Opinion of Mr Advocate General Tesauro delivered on 16 January 1992. # Commission of the European Communities v Kingdom of the Netherlands. # Failure of a Member State to fulfil its obligations - Failure to comply with a judgment of the Court. # Case C-75/91.

Opinion of the Advocate-General

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Mr President,

Members of the Court,

By judgment of 13 October 1987 (in Case 236/85), (1) the Court declared that, by not adopting within the prescribed period all the laws, regulations and administrative provisions needed to comply with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, (2) the Kingdom of the Netherlands had failed to fulfil its obligations under the EEC Treaty.

In these proceedings the Commission seeks a declaration by the Court that, by failing to adopt the provisions needed to comply with the aforesaid judgment, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 171 of the EEC Treaty.

The Netherlands Government, whilst pointing out that it has prepared a draft law containing the requisite measures, concedes that it has not yet complied with the Court' s judgment.

I therefore propose that the Court should uphold the application and order the defendant to pay the costs.

(*) Original language: Italian.

(1) - Commission v Netherlands [1987] ECR 3989.

(2) - OJ 1979 L 103, p. 1.