C-354/97

OPINION OF MR RUIZ-JARABO — CASE C-354/97

OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 11 November 1998 *

1. By the present action, brought pursuant to 77/504/EEC on pure-bred breeding ani­ 2 Article 169 of the EC Treaty, the Commis­ mals of the bovine species, sion seeks a declaration by the Court of Jus­ tice that, by failing to adopt or communicate within the prescribed time-limit the laws, regulations and administrative provisions nec­ essary in order to comply with (c) Commission Directive 94/39/EC of 25 July 1994 establishing a list of intended uses of animal feedingstuffs for particular 3 nutritional purposes,

(d) Commission Directive 95/9/EC of 7 April 4 (a) Council Directive 93/74/EEC of 13 Sep­ 1995 amending Directive 94/39/EC, and tember 1993 on feedingstuffs intended for particular nutritional purposes, 1

(e) Commission Directive 95/10/EC of 7 April 1995 fixing the method of calcu­ lating the energy value of dog and cat food intended for particular nutritional 5 purposes,

(b) Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical con­ ditions applicable to imports from third countries of animals, their semen, ova and the French Republic has failed to fulfil its embryos, and amending Directive obligations under the Treaty.

5. In its submissions to the Court of Justice, the French Government admitted that it had failed, as alleged, to comply with its obliga­ tions, acknowledging that it had not brought its domestic law into line with the directives within the time-limit prescribed. It stated, however, that it had drawn up various draft laws and regulations which would enable the contents of those directives to be incorpo­ rated into its legal order. 3. On 16 December 1996, having received no further communication regarding the defini­ tive approval of the legislation in question, the Commission sent to the French Govern­ ment five reasoned opinions requiring it to adopt the necessary measures in order to comply with the directives. On 12 March 1997 the French Government replied to the opinion concerning Directive 94/28, informing the Commission that a draft law providing for its 6. Since the French Republic has manifesdy transposition was being debated in the failed, as the Commission alleges, to comply Assemblée Nationale (National Assembly) with its obligations, the application should be and the Sénat (Senate). granted.

7. In accordance with Article 69(2) of the Rules of Procedure, the defendant should be 4. In the absence of any evidence indicating ordered to pay the costs, as applied for by the that, after those dates, the French Republic applicant.

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OPINION OF MR RUIZ-JARABO — CASE C-354/97

Conclusion

8. I therefore propose that the Commission's application should be granted and that the Court should:

the French Republic has failed to fulfil its obligations under the Treaty;

(2) order the French Republic to pay the costs.

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