C-431/97
ECLI:EU:C:1998:391
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OPINION OF MR JACOBS — CASE C-431/97
OPINION OF ADVOCATE GENERAL JACOBS delivered on 16 July 1998 *
1. In these proceedings the Commission seeks 3. The Member States shall immediately com- a declaration, under Article 169 of the E C municate to the Commission the text of all Treaty, that Ireland has failed to fulfil its obli- the provisions of domestic law which they gations under the Treaty by not adopting adopt in the field governed by this Directive. within the prescribed period the measures The Commission shall inform the other necessary to comply with Council Directive Member States thereof.' 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
2. Article 16 of the Directive provides that:
3. Ireland has not disputed its failure to imple- ment 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- sions necessary to comply with the Directive no later than 31 December 1995.
* Original language: English. 4. In these circumstances the Commission's 1 — OJ 1994 L 319, p. 20. application is clearly well founded.
I-5056
COMMISSION y IRELAND
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 comply with 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, Ireland has failed to fulfil its obligations under the Treaty;
(2) order Ireland to pay the costs of these proceedings.
I-5057