C-139/96
ECLI:EU:C:1997:267
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O P I N I O N O F MR RUIZ-JARABO C O L O M E R — CASE C-139/96
OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 29 May 1997 *
1. By application lodged at the Registry of 3. Not having received any information con- the Court of Justice on 26 April 1996, the cerning amendment of German law to bring Commission brought infringement proceed- it into line with those directives, the Com- ings under Article 169 of the E C Treaty, mission, in accordance with Article 169 of seeking a declaration that, by failing to adopt the Treaty, sent the German Government a within the prescribed period the laws, regu- letter of formal notice on 10 February 1994, lations or administrative provisions neces- requesting it to submit its observations on sary to comply with Directives 93/48/EEC, 1 the failure to bring its internal law into line 9 3 / 4 9 / E E C 2 and 93/61/EEC, 3 the Federal with the directives. Republic of Germany had failed to fulfil its obligations under those directives.
4. By letter dated 21 April 1994 and sent on 28 April 1994, the German Government replied to the Commission but did not 2. Article 10 of Directive 93/48, Article 8 of explain the reasons which had prevented it Directive 93/49 and Article 7 of Directive from bringing its internal law into line with 93/61 provide that Member States are to the directives in question. bring into force the laws, regulations or administrative provisions necessary to com- ply with those directives not later than 31 December 1993 and to inform the Commis- sion forthwith.
* 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 5. Not having received communication of plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ any national provision bringing internal law 1993 L 250, p. 1). into line with the directives, the Commission 2 — Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by orna- sent the German Government a letter on 5 mental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC (OJ 1993 L 250, October 1994 containing a reasoned opinion P-9). concerning its failure to fulfil its obligations 3 — Commission Directive 93/61/EEC of 2 Juiy 1993 setting out the schedules indicatine the conditions to be met by veg- under the three directives and requesting it etable propagating ana planting material, other than seed to take the necessary measures to comply pursuant to Council Directive 92/33/EEC (OJ 1993 L 250, p. 19). within two months.
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COMMISSION v GERMANY
6. By letter dated 6 December 1994, sent to 9. In the present case, Germany does not the Commission on 14 December 1994, the deny the failure to comply with the three German Government informed the Commis- directives of which the Commission com- sion that adoption of the Law of 25 Novem- plains. However, the German Government ber 1993 4 amending the rules applicable to suggests that it would be appropriate to sus- plant protection and seed had established the pend the infringement proceedings in view necessary powers to bring internal law into of the difficulties which have arisen in bring- line with the directives. However, that adap- ing national legal systems into line with the tation was to be effected by administrative directives in issue. regulations, in order to adopt which it was first necessary to determine more precisely the scope of the directives, which was a mat- ter of some disagreement.
10. That suggestion is irrelevant in this case, since the circumstances justifying a stay of proceedings under Article 82a(l)(b) of the Rules of Procedure are not present. 7. N o t having received any further infor- mation from the German Government con- cerning the amendment of its internal law to bring it into Une -with the three directives, the Commission decided to bring the present proceedings.
11. The Commission has demonstrated, beyond any doubt and without being contra- dicted by the German Government, that the Federal Republic of Germany has not adopted within the prescribed period the laws, regulations or administrative provi- 8. By virtue of Articles 5 and 189 of the E C sions necessary to comply with Directives Treaty, and under Article 10 of Directive 93/48, 93/49 and 93/61. The Commission's 93/48, Article 8 of Directive 93/49 and application must therefore be granted. Article 7 of Directive 93/61, the Federal Republic of Germany was obliged to bring its internal law fully into line with those directives within the period prescribed. As the Court of Justice has repeatedly held, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a fail- 12. Since the Commission's application is ure to comply with the obligations and time- well founded and the form of order which it limits laid down in Community directives. seeks must be granted, the Federal Republic of Germany must be ordered to pay the costs in accordance with Article 69(2) of the 4 — BGBl. I, p. 1917. Rules of Procedure.
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OPINION OF MR RUIZ-JARABO COLOMER — CASE C-139/96
13. In the light of the foregoing considerations, I propose that the Court of Justice should:
(1) declare that, by failing to adopt within the prescribed period the laws, regula- tions or administrative provisions necessary to comply with
— Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met b y fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC,
— Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating mate- rial and ornamental plants pursuant to Council Directive 91/682/EEC and
— Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC,
the Federal Republic of Germany has failed to comply with its obligations under Article 10 of Directive 93/48, Article 8 of Directive 93/49 and Article 7 of Directive 93/61.
(2) order the Federal Republic of Germany to pay the whole costs of the proceed- ings.
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