C-380/95
ECLI:EU:C:1996:260
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- 61995CC0380
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OPINION OF ADVOCATE GENERAL LÉGER — CASE CJ80/95
OPINION OF ADVOCATE GENERAL LÉGER delivered on 27 June 1996 *
1. By this action, brought under Article 169 sion delivered a reasoned opinion on 21 Sep of the EC Treaty, the Commission claims tember 1994. The Greek Government again that, by failing to adopt within the pre failed to respond or to take the necessary scribed period the laws, regulations or measures to implement Directive 91/414 in administrative provisions necessary to com its national law. Consequently, on 27 ply with Council Directive 91/414/EEC of November 1995, the Commission decided to 15 July 1991 concerning the placing of plant bring this action, the application being protection products on the market, 1 the received at the Court Registry on 5 Decem Hellenic Republic has failed to fulfil its obli ber 1995. gations under the EC Treaty and that direc tive. It also claims that the Greek Govern ment should be ordered to pay the costs.
4. In its defence, the Greek Government does not contest the failure to fulfil obliga 2. Article 23 of the directive provides that tions complained of. It merely states that a the Member States are to bring into force the draft presidential decree intended to bring its laws, regulations or administrative provi national legislation into line with the provi sions necessary to comply with it by no later sions of Directive 91/414 has already been than 25 July 1993 and notify the Commis drawn up by the competent department, and, sion of those measures forthwith. after finalization, will be submitted to the Council of State and then to the President of the Republic for signature. It hopes to have that presidential decree in place shortly.
3. On 5 October 1993, since it had received no communication from the Greek Govern ment, the Commission initiated infringement proceedings by a letter before action. Having received no reply to that letter, the Commis 5. It has been established that, when the period laid down by the directive ran out, * Original language: French. the directive had still not been fully trans 1 — OJ 1991 L 230, p. 1. posed into national law.
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COMMISSION v GREECE
6. The Commission's application must 7. Under Article 69(2) of the Rules of Pro therefore be upheld in so far as it relates to cedure, the unsuccessful party should be the failure to transpose the directive within ordered to pay the costs. the prescribed period.
8. Consequently , I propose that the Court should:
(1) declare that, by failing to adopt within the prescribed period the laws, regula tions or administrative provisions necessary to comply with Council Directive 91 / 414 / EEC of 15 July 1991 concerning the placing of plant protection prod ucts on the market , the Hellenic Republic has failed to fulfil its obligations under Article 23 of the directive;
(2) order the Hellenic Republic to pay the costs.
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