C-91/96
ECLI:EU:C:1996:418
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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-91/96
OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 17 October 1996 *
1. In these proceedings, the Court of Justice 3. Since by 1 January 1994 the Commission is called upon to give a decision in the action had not received any notification of the brought under Article 169 of the EC Treaty transposition into national law of those by the Commission on 22 March 1996 for a directives, on 10 February 1994 it formally declaration that, by not adopting and bring drew the Greek Government's attention to ing into force within the prescribed period the lack of notification, complained that the the provisions necessary to comply with Greek Government had failed to fulfil its 2 Directives 92/118/EEC 1 and 93/52/EEC, obligations under the Treaty and the above- and by failing to notify the Commission mentioned directives and gave it two months thereof, the Hellenic Republic has failed to in which to submit its observations. fulfil its obligations under the Treaty and under Article 20(1) of Directive 92/118 and Article 2(1) of Directive 93/52.
4. In the absence of a reply from the Greek Government within the period allowed, the Commission delivered a reasoned opinion on 21 September 1994 in which it stated that, according to the information available, the Hellenic Republic had not transposed those directives into national law or sent any such 2. In accordance with those provisions, the notification to the Commission, which con Member States were required to bring into stituted a failure to fulfil obligations, and force the laws, regulations and administrative therefore it requested that the measures nec provisions necessary to comply with the essary to implement the directives be directives by 1 January 1994 and to notify adopted within two months. the Commission thereof.
* Original language: Spanish. 1 — Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements govern ing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/ĽEC (OJ 1993 L 62, p. 49). 2 — Council Directive 93/52/EEC of 24 June 1993 amending Directive 89/556/ĽEC on animal health conditions govern 5. Since more than a year later the Commis ing intra-Community trade in and importation from third sion had no evidence that Greece had imple countries of embryos of domestic animals of the bovine spe cies (OJ 1993 L 175, p. 21). mented either of the directives, it brought
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COMMISSION v GREECE
this action, which was lodged at the Registry its application, the Greek Republic had not of the Court of Justice on 22 March 1996. adopted the measures necessary to transpose the directives into national law, since the time-limit for doing so had expired on 1 January 1994.
6. In its defence, the Greek Government does not deny the alleged failure to fulfil its obligations, merely stating that two draft presidential decrees have been put before the Minister of Agriculture for signature which will transpose those directives into national law.
8. The application should therefore be upheld and, in accordance with Article 69(2) of the Rules of Procedure, the defendant 7. It is clear from the Greek Government's Member State should be ordered to pay the defence that, when the Commission lodged costs.
9. 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 92 / 118 / EEC and 93 / 52 / EEC , and by failing to notify the Commission thereof, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and under Article 20(1) of Directive 92 / 118 / EEC and Article 2(1) of Directive 93 / 52 / EEC ;
(2) order the Hellenic Republic to pay the costs.
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