Opinion of Mr Advocate General Tesauro delivered on 3 February 1993. # Commission of the European Communities v Federal Republic of Germany. # Failure to fulfil obligations - Failure to comply with a judgment of the Court. # Case C-345/92.

OPINION OF ADVOCATE GENERAL

TESAURO

delivered on 3 February 1993 ( *1 )

Mr President,

Members of the Court,

The application which forms the subjectmatter of the present proceedings concerns the Federal Republic of Germany's failure to comply with the Court's judgment in Case 412/85 ( 1 ) of 17 September 1987.

The German Government does not deny the infringement with which it is charged, and wishes only to state that the legislative amendments necessary to ensure full compliance with the judgment have now been finalized and are expected to enter into force shortly.

In the light of the foregoing I propose that the Court allow the application and order the defendant to pay the costs.

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( *1 ) Original language: Italian.

( 1 ) Commission v Germany [1987] ECR 3503.