C-325/95
ECLI:EU:C:1996:305
- Súd
- Súdny dvor Európskej únie
- IČS
- 61995CC0325
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR COSMAS — CASE C-325/95
OPINION OF ADVOCATE GENERAL COSMAS delivered on 11 July 1996 *
1. In this application, brought pursuant to for the production and the placing on the 2 Article 169 of the EC Treaty, the Commis market of live bivalve molluscs, sion asks the Court to declare that Ireland is Article 15 of which provides that: in breach of its obligation to transpose a number of directives into its internal legal system, namely:
'The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this (a) Council Directive 91/67/EEC of 28 Janu Directive before 1 January 1993. They ary 1991 concerning the animal health shall notify the Commission thereof. conditions governing the placing on the market of aquaculture animals and prod 1 ucts, Article 29 of which provides that:
(...). '
'1 . The Member States shall bring into force the laws, regulations and adminis trative provisions necessary to comply with this Directive before 1 January 1993.
(c) Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the 3 market of fishery products, Article 18 of which provides that: 2. (...).'
(b) Council Directive 91/492/EEC of 15 July 'The Member States shall bring into force 1991 laying down the health conditions the laws, regulations and administrative
* Original language: Greek. 2 — OJ 1991 L 268, p. 1. 1 — OJ 1991 L 46, p. 1. 3 — OJ 1991 L 268, p. 15.
I-5616
COMMISSIONv IRELAND
provisions necessary to comply with this 2. After the expiry of the above periods pre Directive before 1 January 1993. They scribed for transposition, on 12 March 1993 shall notify the Commission thereof. the Commission sent a letter of formal notice to the Irish Government in which it drew its attention to the fact that it had not yet been notified of measures transposing those directives into the national legal system nor did it have any other information on the (...).' matter; it asked Ireland to submit its obser vations within a period of two months from receipt of the letter.
and lastly,
3. On 4 May 1994 the Commission issued a reasoned opinion, in which it requested Ire (d) Council Directive 92/48/EEC of 16 June land to take the measures necessary to com 1992 laying down the minimum hygiene ply with the Directives within a period of rules applicable to fishery products two months from receipt of the opinion. caught on board certain vessels in accord ance with Article 3(1)(a)(i) of Directive 91/493/EEC, 4 Article 4 of which pro vides:
4. Through its Permanent Representative to the Communities, Ireland had replied to the 'The Member States shall bring into force Commission's letter of formal notice by a the laws, regulations and administrative letter dated 5 July 1993 to the effect that provisions necessary to comply with this transposition of the directives into its inter Directive before 1 January 1993. They nal legal system was imminent. shall inform the Commission thereof.
(...).' 5. On 16 October 1995 the Commission brought the present proceedings by applica 4 — OJ 1992 L 187, p. 41. tion lodged at the Court Registry.
I-5617
OPINION OF MR COSMAS — CASE C-325/95
6. In the abovementioned reply, Ireland does its internal legal system in order to justify a not deny that it has not yet brought into failure to comply with the obligations and force the necessary measures to transpose the time-limits laid down in a directive. directives into national law. It contends sim ply that the relevant Ministerial Regulations are in the course of preparation.
8. In those circumstances, the fact that Ire land has not transposed the directives into its 7. According to the settled case-law of the internal legal system within the prescribed Court, a Member State may not plead provi period amounts to a breach of its obligations, sions, practices or circumstances existing in as pleaded by the Commission.
Conclusion
9. Accordingly I suggest that the Court should:
(1) declare that , by failing to adopt within the prescribed period the laws, regula tions or administrative provisions necessary to transpose into its internal legal system : Council Directive 91 / 67 / EEC of 28 January 1991 concerning the ani mal health conditions governing the placing on the market of aquaculture ani mals and products ; Council Directive 91 / 492 / EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs ; Council Directive 91 / 493 / EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products ; Council Directive 92 / 48 / EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(l)(a)(i) of Directive 91 / 493 / EEC , Ireland has failed to fulfil its obligations under Articles 29, 15, 18 and 4 respectively of the said Directives;
(2) order Ireland to pay the costs.
5 — Sec, for instance, the judgment of 2 May 1996 in Case C-253/95 Commission v Germany [1996] ECR 1-2423, para graph 12.
I-5618