C-329/96

OPINION OF MR JACOBS — CASE C-329/96

OPINION OF ADVOCATE GENERAL JACOBS delivered on 24 April 1997 *

1. In this case the Commission seeks a dec- 'Member States shall bring into force the laration, under Article 169 of the EC Treaty, laws, regulations and administrative provi- that Greece has failed to comply with its sions necessary to comply with this Direc- obligations under the Treaty by not adopting tive within two years of its notification. within the prescribed period and/or by not They shall forthwith inform the Commission communicating to the Commission the mea- thereof.' sures necessary to implement Council Direc- tive 92/43/EEC of 21 May 1992 on the con- servation of natural habitats and of wild fauna and flora. '

4. Greece has not disputed its failure to 2. Directive 92/43 lays down a series of mea- implement the Directive but refers to certain sures designed to maintain or restore natural technical difficulties. It is well established by habitats and species of wild fauna and flora the Court's case-law that a Member State of Community interest. cannot rely on such difficulties in proceed- ings of this kind.

3. Article 23(1) of the Directive provides that:

* Original language: English. 5. It follows that the Commission is entitled 1 — OJ 1992 L 206, p. 7. to the declaration which it seeks.

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