C-236/96
ECLI:EU:C:1997:439
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OPINION OF MR JACOBS — CASE C-236/96
OPINION OF ADVOCATE GENERAL JACOBS delivered on 25 September 1997
1. In these proceedings the Commission governed by this Directive. The Commission seeks a declaration, under Article 169 of the shall inform the other Member States E C Treaty, that the Federal Republic of Ger- thereof.' many has failed to comply with its obliga- tions under the Treaty by not adopting within the prescribed period the measures necessary to implement Council Directive 91/157/EEC of 18 March 1991 on batteries 3. Article 7 of Commission Directive 93/86 and accumulators containing certain danger- provides that: ous substances ' and Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances. 2 'Member States shall take the measures nec- essary to comply with this Directive no later than 31 December 1993. They shall immedi- ately inform the Commission thereof.
2. Article 11 of Council Directive 91/157 provides that: 1
' 1 . Member States shall take the measures 4. The Federal Republic of Germany has not necessary to comply •with this Directive disputed its failure to implement the Direc- before 18 September 1992. They shall forth- tives and states in its defence that it has with inform the Commission thereof. informed the Commission on a number of occasions of the reasons for the delay. Ger- many refers to voluntary undertakings by the manufacturers and distributors of batter- ies, but it is clear that such undertakings can- 2. Member States shall communicate to the not be a substitute for the proper implemen- Commission the texts of the provisions of tation of the Directives. national law which they adopt in the field
* Original language: English. 1 _ OJ 1991 L 78, p. 38. 5. It follows that the Commission is entitled 2 — OJ 1993 L 264, p. 51. to the declarations which it seeks.
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COMMISSION v GERMANY
Conclusion
6. Accordingly I am of the opinion that the Court should:
(1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement:
— Council Directive 91/157/EEC of 18 March 1991 on batteries and accumu- lators containing certain dangerous substances, and
— Commission Directive 93/86/EEC of 4 October 1993 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances,
the Federal Republic of Germany has failed to fulfil its obligations under the Treaty;
(2) order the Federal Republic of Germany to pay the costs of these proceedings.
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