C-313/97
ECLI:EU:C:1998:23
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OPINION OF MR JACOBS — CASE C-313/97
OPINION OF ADVOCATE GENERAL JACOBS delivered on 22 January 1998 *
1. In these proceedings the Commission sions necessary to comply with the Directive seeks a declaration, under Article 169 of the no later than 31 December 1995. EC Treaty, that the Italian Republic has failed to fulfil its obligations under the Treaty by not adopting within the prescribed period, and/or by not communicating to the Commission, the measures necessary to implement Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations. 1
3. The Member States shall immediately communicate to the Commission the text of all the provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.'
2. Article 16 of the Directive provides that:
3. The Italian Republic has not disputed its failure to implement the Directive and states in its defence that the necessary measures are in the course of being adopted.
'1. Member States shall bring into force the laws, regulations and administrative provi-
* Original language: English. 4. In these circumstances the Commission's 1 — OJ 1994 L 319, p. 20. application is clearly well founded.
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COMMISSION v ITALY
Conclusion
5. Accordingly I am of the opinion that the Court should:
(1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, the Italian Republic has failed to fulfil its obligations under the Treaty;
(2) order the Italian Republic to pay the costs of these proceedings.
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