Opinion of Mr Advocate General Tesauro delivered on 26 May 1993. # Commission of the European Communities v Federal Republic of Germany. # Failure of a Member State to fulfil its obligations - Non-implementation of Directive 87/540/EEC. # Case C-316/92.

1. 

By application lodged on 20 July 1992, the Commission claimed that the Federal Republic of Germany did not adopt the measures needed to comply with Council Directive 87/540/EEC of 9 November 1987 on the access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation. ( 1 )

The German Government does not deny the infringement which is alleged against it; it merely states that a draft law intended to transpose the directive into national law has now been completed and should come into force very shortly.

2. 

In those circumstances, I propose that the Court uphold the application and order the defendant State to pay the costs.