C-391/98
ECLI:EU:C:1999:302
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OPINION OF MR LÉGER — CASE C-391/98
OPINION OF ADVOCATE GENERAL LÉGER delivered on 10 June 1999 *
1. In this action the Commission of the 3. Having received no communication European Communities asks the Court of regarding the transposition of the Directive Justice for a declaration that, by failing to into Greek law, the Commission initiated adopt, within the period allowed, the laws, the pre-contentious procedure provided for regulations and administrative provisions by Article 169 of the EC Treaty (now necessary to comply with Council Directive Article 226 EC). 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs 1(hereinafter 'the Directive'), the Hellenic Republic has failed to fulfil its obligations under that directive.
4. By letter of 27 February 1996 the Com- mission gave the Hellenic Republic formal notice to submit its observations within a period of two months.
2. Under Article 16 of the Directive, Mem- ber States were required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive not later than 30 months after its adoption, that is to say, by 14 December 1995, and immediately to inform the Commission of the measures adopted. 5. By letter of 14 May 1996 the Hellenic Republic indicated that it was in the * Original language: French. process of adopting legislation to transpose 1 — OJ 1993 L 175, p. 1. the Directive.
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COMMISSION V GREECE
6. On 23 December 1996 the Commission 9. Thus, in accordance with the case-law of sent the Hellenic Republic a reasoned the Court of Justice, 2the Court is invited opinion in which it called on it to comply to uphold the Commission's action. with the Directive within a period of two months.
7. Having received no reply to that opi- nion, the Commission brought the present action.
10. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's plead- ings. Since the Commission has applied for 8. Whilst it has asked for the action to be costs and the Hellenic Republic has been dismissed, the Hellenic Republic does not unsuccessful, it should be ordered to pay dispute the claim made against it. In its the costs. defence it observed that the legislation implementing the Directive was very shortly to be signed by the competent 2 — See, for example, Case C-283/97 Commission v Belgium [1998] ECR I-6081, and Case C-386/97 Commission v ministers. Greece [19981 ECR I-6127.
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OPINION OF MR LÉGER — CASE C-391/98
Conclusion
11. In the light of the foregoing considerations, I propose that the Court:
— declare that, by failing to implement, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs, the Hellenic Republic has failed to fulfil its obligations under Article 16 of that directive, and
— order the Hellenic Republic to pay the costs.
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