C-311/96

OPINION OF MR LENZ — CASE C-311/96

OPINION OF ADVOCATE GENERAL LENZ delivered on 6 March 1997 *

2 1. In these proceedings, the Commission the directive, apply them by 1 July 1994 alleges that the French Republic has failed to and inform the Commission thereof immedi­ fulfil its obligations under Council Directive ately. 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecom­ munications sectors, 1 and in particular Article 45, by failing to adopt the laws, regu­ 3. The French Republic does not deny that lations and administrative provisions neces­ it has not transposed the directive within the sary to implement the directive. In the alter­ prescribed period. It merely states that the native, the Commission seeks a declaration relevant draft legislation has been entered on that the French Republic has failed to fulfil the parliamentary agenda for the year its obligations under the above provisions by 1996/97. not immediately informing the Commission of such measures.

4. As it is clear, therefore, that the directive in question has not been transposed within 2. Article 45 requires Member States to the prescribed period, there is no need to adopt the measures necessary to transpose examine the Commission's alternative plea.

5. I therefore propose that the Court declare that , by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose Council Directive 93 / 38 / EEC of 14 June 1993 coordinating the procure­ ment procedures of entities operating in the water, energy, transport and telecom­ munications sectors , the French Republic has failed to fulfil its obligations under that directive and in particular under Article 45 thereof. I also propose that the French Republic be ordered to pay the costs.