C-26/98

OPINION OF MR ALBER — CASE C-26/98

OPINION OF ADVOCATE GENERAL ALBER delivered on 25 June 1998 *

1. In this action against Ireland for failure to Article 3 thereof, 20 days after its publication fulfil obligations, the Commission asks the in the Official Journal of the European Com- Court to munities on 24 June 1994. Under Article 2 of the directive, Member States were obliged to bring into force the necessary provisions in — declare that, by failing to notify the laws, order to comply with the directive by 31 regulations or administrative provisions March 1995. necessary to comply with Directive 1 94/26/EC of 15 June 1994 adapting to technical progress Council Directive 79/196/EEC 2on the approximation of the laws of the Member States concerning 3. Despite the Commission's letter of formal electrical equipment for use in potentially notice of 2 August 1995 and the reasoned explosive atmospheres employing certain opinion of 30 September 1996, Ireland did types of protection, or by failing to adopt not comply with that obligation within the the measures necessary to comply with it, period of two months prescribed in the rea­ Ireland has failed to fulfil its obligations soned opinion. under that directive;

— order Ireland to pay the costs. 4. In its defence, the Irish Government stated that the necessary legislative action was intended and might be completed by the time of the hearing in these proceedings. The par­ 2. Directive 94/26 adapting Directive 79/196 ties both then agreed to dispense with a to technical progress, adopted on 15 June hearing, however, so that the Court decided 1994, entered into force, in accordance with to give judgment without holding a hearing.