C-294/96

OPINION OF MR LENZ — CASE C-294/96

OPINION OF ADVOCATE GENERAL LENZ delivered on 18 February 1997 *

1. In these Treaty infringement proceedings laws, regulations and administrative provi- the Commission claims that the Kingdom of sions needed to comply with the directive by Belgium has failed to adopt the laws, regula- 1 July 1994 and to inform the Commission tions and administrative provisions needed thereof forthwith. to transpose Council Directive 93/42/EEC of 14 June 1993 concerning medical devices 1 into national law.

3. The Kingdom of Belgium does not dis- pute that the directive has not been trans- posed into national law within the time-limit 2. Under Article 22(1) of the directive, the set. It merely states that the requisite legisla- Member States were required to adopt the tion is being prepared.

4. I accordingly p r o p o s e that t h e C o u r t should declare that, b y failing t o adopt, within the prescribed time-limit, the measures needed t o c o m p l y w i t h C o u n c i l Directive 9 3 / 4 2 / E E C of 14 J u n e 1993 concerning medical devices, the K i n g d o m of Belgium has failed t o fulfil its obligations u n d e r t h e Treaty. I also p r o p o s e that the K i n g d o m of Belgium should be ordered to p a y the costs.

* Original language: German. 1 — OJ 1993 L 169, p. 1.