C-315/95

1. In these proceedings, the Court of Justice force the laws, regulations and administrative is called upon to give a decision in the action provisions necessary to comply with those brought under Article 169 of the EC Treaty directives by 31 December 1993, 1 January by the Commission on 3 October 1995 for a 1994 or 15 November 1993, as the case may declaration that, by not adopting and bring­ be, and to notify the Commission thereof. ing into force within the prescribed periods the provisions necessary to comply with 2 Directives 93/48/EEC, 1 93/49/EEC, 3 5 93/52/EEC, 93/61/EEC 4 and 93/85/EEC, and by failing to notify the Commission thereof, the Italian Republic has failed to ful­ fil its obligations under the Treaty and under Article 10(1) of Directive 93/48, Article 8(1) 3. Since, on 1 January 1994, the Commission of Directive 93/49, Article 2(1) of Directive had not received any notification of the 93/52, Article 7(1) of Directive 93/61 and transposition into national law of those Article 13(1) of Directive 93/85. directives, on 10 February 1994 it formally drew the Italian Government's attention to the lack of notification and asked it to com­ municate a full and detailed description of the national provisions implementing those directives. In the same letter, the Commis­ sion complained that the Italian Government 2. In accordance with those provisions, the had failed to fulfil its obligations under the Member States were required to bring into Treaty and the abovementioned directives and gave it two months in which to submit its observations. * Original language: Spanish. 1 — Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ 1993 L 250, p. 1). 2 — Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by orna­ mental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ 1993 L 250, p. 9). 3 — Council Directive 93/52/EEC of 24 June 1993 amending 4. As the letter before action went unan­ Directive 89/556/EEC on animal health conditions govern­ swered, the Commission delivered a reas­ ing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine oned opinion on 22 September 1994, in species (OJ 1993 L 175, p. 21). which it stated that, according to the infor­ 4 — Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by veg­ mation available, the Italian Republic had etable propagating and planting material other than seed pur­ suant to Council Directive 92/33/EEC (OJ 1993 L 250, not transposed those directives into national p. 19). law nor sent any such notification to the 5 — Council Directive 93/85/EEC of 4 October 1993 on the con­ trol of potato ring rot (OJ 1993 L 259, p. 1). Commission, which constituted a failure to

8. Subsequently, on 27 February 1996, the Italian authorities notified the Commission in a letter from their Permanent Representa­ 11. The application should therefore be tive that Directive 93/85 had been transposed upheld and, in accordance with Article 69(2)

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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-315/95

of the Rules of Procedure, the defendant since the Commission's partial discontinu­ Member State should be ordered to pay all ance was caused by the defendant's conduct the costs, in accordance with the first para­ in not adopting the measures necessary to graph of Article 69(2) and the first paragraph implement Directive 93/85/EEC until after of Article 69(5) of the Rules of Procedure, the application had been lodged.

12. I therefore propose that the Court should:

(1) declare that , by not adopting and bringing into force within the prescribed period the provisions necessary to comply with Directives 93 / 48 / EEC , 93 / 49 / EEC , 93 / 52 / EEC and 93 / 61 / EEC , and by failing to notify the Commis­ sion thereof, the Italian Republic has failed to fulfil its obligations under the Treaty and under Article 10(1) of Directive 93 / 48 , Article 8(1) of Directive 93 / 49 , Article 2(1) of Directive 93 / 52 and Article 7(1) of Directive 93 / 61 ;