Court of Justice 18 May 2004, C-103/02 (Commission of the European Communities v Italian Republic.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. The present action seeks a declaration from the Court that the Italian Republic has failed to fulfil its obligations under Articles 1, 9, 10 and 11 of Directive 75/442/EEC, (2) as amended by Directive 91/156/EEC, (3) and under Article 3 of Directive 91/689/EEC (4) by adopting the ‘decreto 5 febbraio 1998 sull’individuazione dei