C-147/94
ECLI:EU:C:1995:70
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OPINION OF MR JACOBS — CASE C-147/94
OPINION OF ADVOCATE GENERAL JACOBS delivered on 9 March 1995 *
1. In these proceedings the Commission The provisions amended pursuant to the first seeks a declaration under Article 169 subparagraph shall be applied within of the Treaty that Spain has failed to 24 months of the date of the notification of fulfil its obligations under the Treaty by this Directive.' not adopting and bringing into force the provisions necessary to implement Council Directive 90/618/EEC of 8 No vember 1990 amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the coordination The directive was notified to the Member of laws, regulations and administrative provi States on 20 November 1990. sions relating to direct insurance other than life assurance, 1 and by not informing the Commission thereof.
3. Having received no information about the implementation of Directive 90/618 in Spain, the Commission addressed a letter to the Spanish Government on 6 August 2. Article 12 of Directive 90/618 provides as 1992 inviting it to submit observations follows: within two months. Having received no reply, the Commission issued a reasoned opinion on 24 May 1993 in which Spain was requested to take the necessary measures within two months. That too failed to elicit any response from the Spanish authorities. Accordingly, the Commission lodged an application with the Court on 30 May 1994.
'Member States shall amend their national provisions to comply with this Directive within 18 months of the date of its notifica tion and shall forthwith inform the Commis sion thereof. 4. The Spanish Government states in its defence that the bill which would have * Original language: English. implemented the directive lapsed as a result 1 — OJ 1990 L 330, p. 44. of the dissolution of the Spanish legislature.
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COMMISSION v SPAIN
It states that another bill has been prepared mented within the prescribed period and had and is currently in the course of completing still not been implemented by 8 August its passage through the Spanish Parliament. 1994, the date of the defence. As the Court The bill will, according to the Spanish Gov has consistently held, a Member State may ernment, achieve the full implementation of not plead provisions, practices or circum the directive. stances in its internal legal system in order to justify a failure to comply with its obliga tions under Community law. The Commis sion's principal submission must therefore be upheld. Since however Spain failed to take the necessary measures, it is unnecessary for 5. It is clear from the Spanish Government's the Court to make a declaration that Spain defence that the directive was not imple failed to notify them to the Commission.
Conclusion
6. I therefore conclude that the Court should :
(1) declare that Spain has failed to fulfil its obligations under the Treaty by not adopting and bringing into force the provisions necessary to implement Coun cil Directive 90 / 618 / EEC ;
(2) order Spain to pay the costs.
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