C-175/97
ECLI:EU:C:1997:622
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OPINION OF MR LA PERGOLA — CASE C-175/97
OPINION OF ADVOCATE GENERAL LA PERGOLA delivered on 16 December 1997
1. In this case, the Commission asks the 3. By a judgment of 5 July 1995, 2 the Court Court to declare that, by failing to adopt the annulled the directive, whilst providing that laws, regulations and administrative provi- its effects were to be preserved in their sions necessary to transpose Council Direc- entirety until the adoption of a new directive tive 93/89/EEC of 25 October 1993 on the by the Council. application by Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain infrastructures, 1 the French Republic has failed to fulfil its obligations under the E C Treaty and under that direc- tive.
4. The French Government does not deny the failure to transpose the directive. It merely observes that the delay in transposi- tion is due to the serious socio-economic dif- ficulties affecting the road transport sector. In particular, it maintains that transposition of the directive would have caused an increase in costs for transporters and thus 2. The directive whose transposition is in aggravated a situation of severe social ten- issue is designed to bring about a gradual sion, thereby imperilling the proper func- approximation of the laws of the Member tioning of a service essential to the national States concerning the tax treatment of road economy. Moreover, in view of the particular transport, with a view to eliminating distor- circumstances of the French market, the tions of competition between Community Government maintains that failure to trans- transport undertakings. Under Article 13(1) pose the directive has not caused any distor- of the directive, the deadline for transposi- tion of competition. It has, in any event, tion was 1 January 1995. indicated its willingness to transpose the directive at the first opportunity.
* Original language: Italian. 1 — OJ 1993 L 279, p. 32. 2 — Case C-21/94 Parliament v Council [1995] ECR I-1827.
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COMMISSION v FRANCE
5. Nevertheless, it seems to me that the of obligations. In any case, it is settled French Government's arguments are directed case-law that the difficulties put forward by not so much at obtaining the dismissal of the the defendant Member State do not consti- Commission's application as at providing tute justification for failing to fulfil its justification for the reasons for the breach obligations. 3
6. I therefore p r o p o s e that the C o u r t s h o u l d allow t h e application and o r d e r t h e F r e n c h R e p u b l i c t o p a y the costs.
3 — See, inter alia. Case C-52/95 Commission v France [1995] ECR I-4443.
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