C-354/96

OPINION OF MR LENZ — CASE C-354/96

OPINION OF ADVOCATE GENERAL LENZ delivered on 12 June 1997*

1. In the present Treaty-infringement pro- 3. The defendant submits solely that Law ceedings, the Commission claims that, by N o 146 of 22 February 1994 2 provided for failing to adopt and/or notify the laws, regu- the transposition of the directive within one lations and administratíve provisions neces- year of that Law's coming into force and sary to comply with Council Directive that, after it had proved impossible to com- 91/674/EEC of 19 December 1991 on the ply with that period, a further one-year annual accounts and consolidated accounts period was laid down in Law N o 52 of of insurance undertakings, ' the Italian 6 February 1996 3 following the entry into Republic has failed to fulfil its obligations force of the 1996 Law. It states that the pro- under that directive and the EC Treaty. cedure for transposing the directive has in the meantime reached its concluding stages, since a corresponding draft has already been submitted to the Parliament.

2. Member States were required under 4. Since the defendant does not therefore Article 70(1) of that directive to adopt the deny that it failed to transpose the directive laws, regulations and administrative provi- within the prescribed period, it is unneces- sions necessary to comply with it before sary to examine the Commission's complaint 1 January 1994 and forthwith to inform the regarding failure to notify it of the transposi- Commission thereof. tion measures adopted.

5. I accordingly p r o p o s e that the C o u r t rule that, b y failing t o a d o p t w i t h i n the prescribed p e r i o d the laws, regulations and administrative provisions necessary t o c o m p l y with C o u n c i l Directive 9 1 / 6 7 4 / E E C of 19 D e c e m b e r 1991 o n the annual accounts and consolidated accounts of insurance undertakings, the Italian R e p u b l i c has failed t o fulfil its obligations u n d e r t h a t directive and the E C Treaty. I also p r o - p o s e that the Italian Republic be o r d e r e d t o pay the costs of the proceedings.