C-185/98

OPINION OF MR MISCHO — CASE C-185/98

OPINION OF ADVOCATE GENERAL MISCHO delivered on 11 February 1999

1. In this case which it has referred under the provisions necessary to comply with this second paragraph of Article 169 of the EC Directive. They shall forthwith inform the Treaty, the Commission of the European Commission thereof'. Communities seeks a declaration by the Court that, by failing to adopt and, in the alterna- tive, by failing to communicate to the Com- mission, within the period prescribed, the laws, regulations and administrative provi- 3. The Hellenic Republic admits that Direc- sions necessary to comply with Council Direc- tive 92/101 has not yet been transposed into tive 92/101/EEC of 23 November 1992 its legal system. It does, however, point out amending Directive 77/91/EEC on the for- that a draft Presidential Decree adapting mation of public limited-liability companies national legislation to the directive is in the and the maintenance and alteration of their process of being adopted. capital, 1the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive.

4. Since, therefore, it cannot be disputed, and has not been disputed, that Directive 92/101 2. Article 3 of that Directive provides that was not transposed within the period pre- 'Member States shall adopt before 1 January scribed therein, the Commission's application 1994 the laws, regulations and administrative must be considered to be well founded. 2

Conclusion

5. I accordingly p r o p o s e that the C o u r t u p h o l d the C o m m i s s i o n ' s application and:

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