Opinion of Mr Advocate General Tesauro delivered on 8 December 1992. # Commission of the European Communities v French Republic. # Failure to fulfil obligations - Failure to transpose a directive. # Case C-293/91.

Opinion of the Advocate-General

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Mr President,

Members of the Court,

By application lodged at the Court Registry on 21 November 1991, the Commission claims that the French Republic has not adopted the measures necessary to comply with Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products. (1)

The French Government acknowledges its failure to fulfil obligations, but states that a draft law to secure the implementation of the directive concerned is currently under review by the Assemblée Nationale (French Parliament).

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

(*) Original language: Italian.

(1) - OJ 1985 L 210, p. 29.