C-161/95
ECLI:EU:C:1996:30
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OPINION OF MR FENNELLY — CASE C-161/95
OPINION OF ADVOCATE GENERAL FENNELLY delivered on 1 February 1996 *
1. The Commission has brought the present sary to ensure the attainment of the objec- infringement proceedings pursuant to Arti- tives of each directive. This specific require- cle 169 of the Treaty. By application of ment is reinforced by their general duty pur- 8 May 1995, registered at the Court on suant to Article 5 of the Treaty 'to take all 22 May 1995, it contends that, by not imple- appropriate measures, whether general or menting the laws, regulations and adminis- particular, to ensure fulfilment of the obliga- trative provisions necessary to comply with tions arising out of this Treaty or resulting Council Directive 91/271/EEC of 21 May from action taken by the institutions of the 1991 (hereinafter 'the Directive'), 1 concern- Community'. ing urban waste water treatment, or by not informing the Commission of the measures 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. In its defence of 20 June 1995, the Greek Government does not dispute its failure to implement the Directive within the time- 2. Member States were required by Arti- limit enjoined by Article 19 thereof, but con- cle 19(1) of the Directive to take the mea- tends that its delay is due to the fact that the sures necessary to comply with it not later relevant implementing measures come within than 30 June 1993, and immediately inform the framework of a global revision of the the Commission thereof. Article 19(2) of the national law on the treatment of waste. The Directive obliges the Member States also to Government states that the relevant ministry inform the Commission of the texts of the has already drawn up a draft ministerial main provisions of national law which they order which, if adopted, would implement have adopted in the field covered by the the Directive. In its rejoinder of 8 August Directive. 1995, the Government further states that the draft in question has actually been submitted for signature to the relevant, competent min- isters. However, as the Commission cor- rectly submitted in its reply of 3 July 1995, by reference to the constant case-law of the 3. Article 189 of the Treaty obliges Member Court, Member States may not plead practi- States to adopt the national measures neces- cal or other internal difficulties experienced in implementing a directive so as to justify their failure to respect, within the prescribed time-limit, the obligations imposed on them * Original language: English. 1 — OJ 1991 L 135, p. 40. by Community directives.
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COMMISSION ν GREECE
5. As the failure of Greece to adopt the mea the pre-contentious procedure and in its sures necessary to implement the Directive pleadings in this case has not been remedied, and, thus, end the infringement identified by I can only propose that the Court grant the the Commission during both the course of relief 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 91/271/EEC of 21 May 1991 concerning urban waste water treat ment, the Hellenic Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty and under Article 19 of Directive 91/271;
(2) order the Hellenic Republic to pay the costs of these proceedings.
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