C-282/96

OPINION OF MR RUIZ-JARABO COLOMER — JOINED CASES C-282/96 AND C-283/96

OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 27 February 1997 *

1. By applications lodged at the Court Reg­ 3. Directive 93/86, the object of which is to istry on 21 August 1996, the Commission establish the system for marking batteries brought two actions under Article 169 of the and accumulators provided for in Article 4 EC Treaty for a declaration that, by failing of Directive 91/157, provides in Article 7 within the periods prescribed to adopt the that the Member States are to take the mea­ laws, regulations and administrative mea­ sures necessary to comply with that directive sures necessary in order to comply with no later than 31 December 1993 and are Directive 91/157/EEC 1 and Directive immediately to inform the Commission 2 93/86/EEC, the French Republic has failed thereof. to fulfil its obligations under those directives. By order of 11 February 1997 the President of the Court decided that the two cases should be joined.

4. Having received no information as to the transposition of the two directives into French law by the dates when the aforesaid time-limits expired, the Commission initi­ ated two procedures under Article 169 of the Treaty. By formal notices dated 21 December 1992 and 10 February 1994, relating to 2. Directive 91/157, the aim of which is to Directives 91/157 and 93/86 respectively, the approximate the laws of the Member States Commission called upon the French Gov­ on the recovery and controlled disposal of ernment to communicate to it its observa­ spent batteries and accumulators containing tions concerning the non-transposition into certain dangerous substances, provides in its national law of the directives in question. Article 11 that the Member States are to take the measures necessary to comply with that directive before 18 September 1992 and are forthwith to inform the Commission thereof.

10. In the continuing absence of any com­ munication from the French Republic con­ 7. In the absence of any response from the firming the adoption of the national measure French Government, the Commission sent it transposing the directives at issue into a telex dated 18 May 1995, informing it that, national law, the Commission brought the unless within 20 days it communicated an present proceedings. approved text or a final draft accompanied by a timetable for its adoption, the Commis­ sion would pursue the procedures for failure to fulfil obligations.

11. Under Articles 5 and 189 of the EC Treaty, together with Article 11 of Directive 91/157 and Article 7 of Directive 93/86, the 8. In response to the telex and the reasoned French Republic was obliged, as the Com­ opinions, the French Government sent to the mission points out in its applications in the Commission, by letter of 13 June 1995, a two actions, to transpose those directives draft decree relating to the marketing of bat­ into national law within the aforesaid time- teries and accumulators and the disposal of limits. According to the settled case-law of spent batteries and accumulators, implement­ the Court of Justice, a Member State cannot ing Directive 91/157, and a draft ministerial plead any rules, practices or situations pecu­ order for the transposition of Directive liar to its national legal order as justification

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OPINION OF MR RUIZ-JARABO COLOMER — JOINED CASES C-282/96 AND C-283/96

for non-compliance with the obligations and founded, since it has been shown, without time-limits imposed by Community direc­ being contested, that the French Republic tives. has failed to adopt within the periods pre­ scribed the laws, regulations and administra­ tive measures necessary to comply with Directive 91/157 and Directive 93/86.