C-324/97
ECLI:EU:C:1998:313
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OPINION OF MR FENNELLY — CASES C-324/97 AND C-326/97
OPINION OF ADVOCATE GENERAL FENNELLY delivered on 18 June 1998 *
1. The present Opinion concerns two uncon- cle 169 of the Treaty establishing the Euro- tested infringement actions by the Commis- pean Community (hereinafter 'the Treaty') sion against Italy and Belgium, respectively, against each of them by sending a formal letter for their failure to comply with Article 2 of of complaint on 27 February 1996. As neither European Parliament and Council Directive Member State replied, the Commission issued 95/27/EC of 29 June 1995 amending Council a reasoned opinion in each case on 5 March Directive 86/662/EEC on the limitation of 1997, and initiated proceedings before the noise emitted by hydraulic excavators, rope- Court on 15 September 1997, by applications operated excavators, dozers, loaders and which were both registered at the Court on excavator-loaders (hereinafter 'the Direc- 17 September 1997. tive'). 1
3. Neither Member State has contested the 2. Article 2 of the Directive provides that infringement alleged. In their respective state- Member States shall bring into force the mea- ments in defence, Italy has undertaken to sures necessary to comply with the Directive expedite the process for the adoption of a by 31 December 1995. As the Commission regulation to implement the Directive, while had received no notification of such measures Belgium has indicated that the transposition from either Member State by the deadline set, procedure has entered into its final phase. it initiated the procedure provided in Arti-
Conclusion
4. In these circumstances, I w o u l d r e c o m m e n d that:
— in C a s e C - 3 2 4 / 9 7 , t h e C o u r t declare that, b y failing t o a d o p t o r c o m m u n i c a t e t o t h e C o m m i s s i o n t h e laws, regulations a n d administrative p r o v i s i o n s neces-
* Original language: English. 1 — OJ 1995 L 168, p. 14.
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COMMISSION v ITALY
sary to comply with European Parliament and Council Directive 95/27/EC of 29 June 1995 amending Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders by 31 December 1995, the Italian Republic has failed to comply with its obligations under this Directive and Articles 189 and 5 of the Treaty establishing the European Community, and order the Italian Republic to pay the costs; and
— in Case C-326/97, the Court make a similar declaration and order against the Kingdom of Belgium.
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