C-94/94
ECLI:EU:C:1994:389
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OPINION OF MR LÉGER — CASE C-94/94
OPINION OF ADVOCATE GENERAL LÉGER delivered on 17 November 1994 *
Mr President, 2. Article 15 of the abovementioned direc- Members of the Court, tive provides that the Member States must adopt the laws, regulations and administra- tive measures necessary to comply with the directive by 1 October 1991 at the latest and inform the Commission immediately thereof, save as regards the requirements laid down in Article 11(2) (the final date for transposi- tion into national law in that regard is fixed as 31 December 1992), which is not relevant 1. By an application lodged at the Court to this action. Registry on 18 March 1994 the Commission of the European Communities requests the C o u r t pursuant to Article 169 of the E C Treaty:
3. The application was preceded by a formal letter of notice dated 20 May 1992, followed by a reasoned opinion dated 3 May 1993. — to declare that the Kingdom of Spain has failed to fulfil its obligations under Arti- cles 5 and 189 of the Treaty establishing the European Communities by failing to adopt and bring into effect within the prescribed period the laws, regula- tions and administrative measures neces- sary to implement Council Directive 4. In the most recent document it submitted 90/167/EEC 1 (with the exception of the to the Court, the Kingdom of Spain chal- obligations laid down in Article 11(2)); lenged the well-foundedness of the action, relying on the 'imminent' publication of a royal decree by the Council of Ministers, the draft version of which is at a 'very advanced' stage.
— to order the defendant to pay the costs.
* Original language: French. 1 — Directive of 26 March 1990 laying down the conditions gov- erning the preparation, placing on the market and use of 5. However, even if the breach is about to be medicated feedmgstuffs in the Community (OJ 1990 L 92, p. 42). terminated it is not denied that the legisla-
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COMMISSION v SPAIN
tion was not in force on the expiry of the failure to comply with Community law obli- time-limit laid down in the Commission's gations. 3 reasoned opinion, which is the relevant date. 2 In any event, the Court has consis- 6. It follows that the failure on the part of tently held that a Member State cannot rely the Kingdom of Spain to fulfil its obliga- on provisions, practices or circumstances in tions, alleged by the Commission, has been its internal legai order in order to justify established.
7. I therefore suggest that the C o u r t :
— declare that the K i n g d o m of Spain has failed t o fulfil its obligations u n d e r Articles 5 a n d 189 of the E C Treaty a n d Article 15(1), second i n d e n t , of C o u n - cil Directive 9 0 / 1 6 7 / E E C of 26 M a r c h 1990 laying d o w n t h e c o n d i t i o n s gov- e r n i n g the p r e p a r a t i o n , placing o n t h e m a r k e t a n d use of medicated feeding- stuffs in t h e C o m m u n i t y b y failing t o t r a n s p o s e that directive ( w i t h the exception of Article 11(2)) i n t o national law;
— o r d e r the defendant State t o p a y the costs.
2 — See Caie C-313/93 Commission v Luxembourg [1994] ECR 3 — See, most recently, Case C-65/94 Commission v Belgium 1-1279, paragraph 10. [1994] ECR 11-4627 .
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