C-160/95
ECLI:EU:C:1996:29
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OPINION OF MR FENNELLY — CASE C-160/95
OPINION OF ADVOCATE GENERAL FENNELLY delivered on 1 February 1996 *
1. The Commission has brought the present 3. Article 189 of the Treaty obliges Member infringement proceedings pursuant to Arti- States to adopt the national measures neces- cle 169 of the Treaty. By application of sary to ensure the attainment of the objec- 8 May 1995, registered at the Court on tives of each directive. This specific require- 22 May 1995, it contends that, by not imple- ment is reinforced by their general duty menting the laws, regulations and adminis- pursuant to Article 5 of the Treaty 'to take trative provisions necessary to comply with all appropriate measures, whether general or Council Directive 91/156/EEC of 18 March particular, to ensure fulfilment of the obliga- 1991 (hereinafter 'the Directive'), amending tions arising out of this Treaty or resulting Directive 75/442/EEC on waste, 1 or by not from action taken by the institutions of the informing the Commission of the measures Community'. taken to comply with the Directive, the Hel- lenic Republic has failed to fulfil its obliga- tions both under the Treaty and the Direc- tive.
4. The Greek Government has not disputed its failure to implement the Directive within the time-limit laid down or, indeed, at all. The Government submitted in both its defence of 20 June 1995 and its rejoinder of 8 August 1995 that a ministerial order which would, if adopted, implement the Directive 2. Member States were required by Arti- was at an advanced stage of preparation and cle 2(1) of the Directive to take the measures that only the signature of the relevant minis- necessary to comply with it not later than ters was lacking. The delay, it is claimed, is 1 April 1993, and immediately inform the attributable to a parallel, general revision of Commission thereof. Article 2(2) of the national waste laws currently being under- Directive obliges the Member States also to taken. However, as the Commission cor- inform the Commission of the texts of the rectly contended in its reply of 3 July 1995, main provisions of national law which they by reference to the constant case-law of the have adopted in the field covered by the Court, Member States may not plead practi- Directive. cal or other difficulties experienced in imple- menting a directive so as to justify their fail- ure to respect, within the prescribed time- limit, the obligations imposed on them by * Original language: English. 1 — Respectively, OJ 1991 L 78, p. 32, and OJ 1975 L 194, p. 39. Community directives.
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COMMISSION ν GREECE
5. As the failure of Greece to adopt the mea the pre-contentious stage and in its pleadings sures necessary to implement the Directive in this case has not been remedied, I can only and, thus, end the infringement identified by propose that the Court grant the relief the Commission during both the course of sought by the Commission.
Conclusion
6. Accordingly, I am of the opinion that the Court should:
(1) declare that by not implementing within the prescribed period the laws, reg ulations and administrative provisions necessary to comply with Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, the Hellenic Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty and under Article 2 of Directive 91/156;
(2) order the Hellenic Republic to pay the costs of these proceedings.
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