C-107/96
ECLI:EU:C:1997:177
- Súd
- Súdny dvor Európskej únie
- IČS
- 61996CC0107
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LÉGER — CASE C-107/96
OPINION OF ADVOCATE GENERAL LÉGER delivered on 20 March 1997 *
1. By application lodged at the Court Regis- had discharged its obligation to bring the try on 3 April 1996, the Commission of the necessary provisions into force, the Commis- European Communities brought an action sion, by letter N o SG(93)D/13629, requested under Article 169 of the EC Treaty for a dec- the Spanish Government to communicate the laration that by failing to adopt and bring provisions of domestic law adopted in the into force and by not communicating within sphere covered by the Directive. the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, ' the Kingdom of Spain had failed to fulfil its obligations under that directive and under Articles 5 and 189 of the E C Treaty. 4. In the absence of any communication in response to this, the Commission, on 19 July 1994, delivered a reasoned opinion pursuant to Article 169 of the Treaty, in which it requested the Spanish Government to take the necessary measures within two months.
2. Article 2(1) of the Directive provides that Member States are to bring into force the laws, regulations and administrative provi- sions necessary to comply with the Directive not later than 1 April 1993 and forthwith to inform the Commission thereof. 5. The Commission states that at the time when it brought this action it had still not been informed of the adoption of the draft law transposing the Directive.
3. O n 9 August 1993, having received no communication of the implementing mea- sures from the Spanish Government and having no other information which would lead it to believe that the Kingdom of Spain 6. The Kingdom of Spain states that the adoption of the text, entitled 'Anteproyecto de Ley Básica de Residuos' (preliminary * Original language: French. draft basic law on waste), was delayed 1 — OJ 1991 L 78, p. 32, hereinafter 'the Directive'. following the dissolution of the Spanish
I-3194
COMMISSION v SPAIN
Parliament and the general elections held in 9. Secondly, it is settled case-law that Mem- March 1996. ber States must carry out their obligations under directives within the time prescribed therein and that a Member State may not plead provisions, practices or circumstances in its internal legal system to justify a failure 7. The Kingdom of Spain adds that it hopes to comply with the obligations and time- that the procedure for the adoption of the limits laid down in a directive. 2 law will be rapidly resumed and that the law will receive final approval as soon as Parlia- ment is functioning normally once more.
8. It should be pointed out, first, that the 10. Consequently, the Commission's appli- Kingdom of Spain does not deny that the cation must be upheld and, pursuant to measures necessary to transpose the Direc- Article 69(2) of the Rules of Procedure, the tive into national law have not yet been unsuccessful party must be ordered to pay adopted. the costs.
Conclusion
11. I therefore propose that the Court should:
(1) declare that, by not adopting within the prescribed time the laws, regulations and administrative provisions necessary to comply with Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, the Kingdom of Spain has failed to fulfil its obligations under Article 2(1) of that directive;
(2) order the Kingdom of Spain to pay the costs.
2 — Sec, inter alia, Case C-259/94 Commission v Greece [1995] ECR 1-1947, paragraph 5, and Case C-205/96 Commission v Belgium [1997] ECR 1-795, paragraph 10.
I - 3195