Court of Justice 5 November 1991, C-43/90 (Commission of the European Communities v Federal Republic of Germany.)

Opinion of the Advocate-General Opinion of the Advocate-General ++++ Mr President, Members of the Court, 1. By the present action, the Commission asks the Court to declare that the Federal Republic of Germany has failed to fulfil its obligations under the EEC Treaty by not correctly applying the provisions of Article 5(2) and Article 23(1) of Council Directive 79/831/EEC of 18 September 1979