C-357/96

OPINION OF MR RUIZ-JARABO COLOMER — GASE C-357/96

OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 20 March 1997 *

1. By this application pursuant to Article the Commission brought this action before 169 of the EC Treaty, the Commission seeks the Court of Justice on 30 October 1996. a declaration by the Court of Justice that, by failing to adopt the laws, regulations and administrative measures necessary in order to comply with Commission Directive 94/15/EC of 15 April 1994 adapting to tech­ nical progress for the first time Council Directive 90/220/EEC on the deliberate release into the environment of genetically 3. In its observations submitted to the modified organisms, 1the Kingdom of Bel­ Court, the Belgian Government does not gium has failed to fulfil its obligations under deny the alleged failure to fulfil its obliga­ that directive. tions, acknowledging that it has not trans­ posed the directive into national law within the period prescribed by Article 2 thereof and which expired on 30 June 1994. It claims, however, that it proposes to adopt the necessary implementing measures as soon as possible.

4. Since it is manifestly clear that, as alleged by the Commission, the Kingdom of Bel­ gium has failed to fulfil its obligations, the 2. In the course of the pre-litigation pro­ application should be upheld. cedure the Commission addressed to the Belgian Government a letter before action (9 August 1994) and a reasoned opinion (4 March 1996), requiring it to adopt the mea­ sures necessary to comply with the directive. Since neither of those communications elic­ ited a reply from the Belgian Government, 5. In accordance with Article 69(2) of the Rules of Procedure the defendant should be * Original language: Spanish. ordered to pay the costs, which have been 1 — OJ 1994 L 103, p. 20. applied for by the applicant.

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