C-183/97
ECLI:EU:C:1998:149
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OPINION OF MR LA PERGOLA — CASE C-183/97
OPINION OF ADVOCATE GENERAL LA PERGOLA delivered on 31 March 1998 *
1. By application lodged pursuant to Article 4. Since the Portuguese Republic did not 169 of the EC Treaty on 12 May 1997 the fulfil that obligation, the Commission initi Commission has requested the Court to ated against that State the infringement pro declare that, by failing to adopt the measures cedure under Article 169 of the Treaty. The necessary provided for in Council Directive Portuguese Republic has not, in substance, 80/68/EEC of 17 December 1979 on the pro denied the complaints made by the applicant tection of groundwater against pollution but has confined itself to pointing out that a 1 caused by certain dangerous substances draft decree-law, currently being adopted, ('the Directive'), the Portuguese Republic would supplement the relevant provisions has failed to fulfil its obligations under the currently in force and would, therefore, fulfil EC Treaty and the Directive. the obligations under the Directive.
2. According to Article 21, the Member States are to bring into force the laws, regu lations and administrative provisions neces sary to comply with the Directive within two years of its notification and inform the 5. However, it is clear that the decree-law in Commission thereof. question has not so far been adopted. The Court has consistently held that the exist ence of a decree-law in the course of adop tion does not constitute a ground of justifi 3 cation for a failure to fulfil obligations and, in any event, a Member State may not plead provisions, practices or circumstances exist ing in its internal legal system in order to 3. Articles 392 and 395 of the Treaty con justify a failure to comply with the obliga cerning the accession of the Portuguese 2 tions laid down in the EC Treaty and Com Republic to the European Community 4 munity directives. place that Member State under an obligation to comply with the Directive.
3 — See, for example, Case C-147/94 Commission v Spain [1995] ECR I-1015. 4 — See, among others, Case C-303/93 Commission v Italy [1994] * Original language: Italian. ECR I-1901, Case C-135/96 Commission v Belgium [1997] 1 — OJ 1980 L 20, p. 43. ECR I-1061 and Case C-294/96 Commission v Belgium 2 — OJ 1985 L 302. [1997] ECR I-1781.
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COMMISSION v PORTUGAL
Conclusion
6. In the light of the foregoing facts and considerations, I propose that the Court:
— declare that, by failing to adopt, within the prescribed period, all the laws, regulations or administrative provisions necessary to comply with Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, the Portuguese Republic has failed to fulfil its obligations under that directive;
— order the Portuguese Republic to pay the costs.
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