C-386/97

OPINION OF MR LA PERGOLA — CASE C-386/97

OPINION OF ADVOCATE GENERAL LA PERGOLA delivered on 18 June 1998 *

1. By application of 12 November 1997, the 2. The defendant Member State does not dis­ Commission of the European Communities pute that it has failed to fulfil its obligations brought an action for a declaration that, by as the applicant alleges, merely pointing out failing to adopt within the prescribed period that a presidential decree transposing the the laws, regulations and administrative pro­ directive in question was in the process of visions necessary to comply with Council being adopted. However, according to the 2 Directive 95/23/EC of 22 June 1995 amending consistent case-law of the Court, that fact Directive 64/433/EEC on conditions for the does not remedy the failure to fulfil obliga­ production and marketing of fresh meat, the tions. Hellenic Republic has failed to fulfil its obli­ 1 gations.

3. I therefore propose that the Court should grant the Commission's application and, in accordance with Article 69(2) of the Rules of Procedure, order the Hellenic Republic to pay the costs of the proceedings.

* Original language: Italian. 2 — See inter alia Case C-147/94 Commission v Spain [1995] ECR 1 — OJ 1995 L 243, p. 7. I-1015 and Case C-294/96 Commission v Belgium [1997] ECR I-1781.

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