C-312/96

OPINION OF MR LENZ — CASE C-311/96

OPINION OF ADVOCATE GENERAL LEN2

delivered on 6 March 1997 *

1. In these proceedings, the Commission essary to comply with the directive before 14 alleges that the French Republic has failed to June 1994 and immediately inform the Com­ fulfil its obligations under Council Directive mission thereof. 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, 1and in particular under Article 34 thereof, by failing to adopt the laws, regula­ tions and administrative provisions necessary 3. The French Republic does not deny that to implement the directive. In the alternative, it has not transposed the directive within the the Commission seeks a declaration that the prescribed period. It merely states that the French Republic has failed to fulfil its obli­ relevant draft legislation has been entered on gations under the above provisions by not the parliamentary agenda for the year immediately informing the Commission of 1996/97. such measures.

4. As it is clear, therefore, that the directive 2. Article 34 of the directive requires the in question has not been transposed within Member States to bring into force the laws, the prescribed period, there is no need to regulations and administrative measures nec­ 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 / 36 / EEC of 14 June 1993 coordinating procedures for the award of public supply contracts , the French Republic has failed to fulfil its obligations under that directive and in particular under Article 34 thereof. I also propose that the French Republic be ordered to pay the costs.