C-46/99
ECLI:EU:C:2000:95
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OPINION OF MR ALBER — CASE C-46/99
O P I N I O N OF ADVOCATE GENERAL ALBER delivered on 22 February 2000 *
1. By this action the Commission is date that the two sides of industry estab- requesting the Court to find that the French lished the necessary measures by agree- Republic has failed to fulfil its obligations ment. under the Treaty and Council Directive 93/104/EC of 23 November 1993 concern- ing certain aspects of the organisation of working time 1(hereinafter 'the Directive'). Specifically, the Commission claims that France failed to adopt, or, in the alterna- tive, to communicate to the Commission, 3. By letter of 13 March 1997 France's the laws, regulations and administrative permanent representative to the European provisions necessary fully to comply with Union informed the Commission that most the Directive within the prescribed period. of the provisions in the Directive were The provisions in question relate princi- already contained in existing French laws, pally to the weekly rest period and the even though complete transposition had duration of night work. The Commission not, all in all, been effected. Therefore, further requests that the defendant be there were as yet no provisions relating in ordered to pay the costs. particular to the weekly rest period.
4. The Commission called on the French Government, by letter of 30 May 1997 under Article 169 of the EC Treaty (now Article 226 EC), to submit its observations on the alleged failure to fulfil its obligations to transpose the provisions of the directive into national law.
2. Under Article 18(1)(a) of the Directive, the Member States were to adopt the laws, regulations and administrative provisions necessary to comply with the Directive by 23 November 1996, or to ensure by that 5. Since the Commission received no offi- cial answer to that letter, on 20 January * Original language: German. 1998 it sent its comments together with 1 — OJ 1993 L 307, p. 18. reasoning to the French Government.
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COMMISSION V FRANCE
6. By letter of 13 March 1998 the French ance that a corresponding draft law is in authorities informed the Commission that the course of being drawn up and will be transposition of the directive into domestic communicated to the Court and the Com- law was not yet fully completed. mission as soon as possible. The other provisions of the directive have already been duly transposed into French law.
7. Accordingly, the Commission brought this action, which was received at the Registry of the Court on 16 February 1999. 9. It is clear from all of the foregoing that the French Republic has failed to fulfil its obligations as the Commission alleges.
8. In its defence the French Government does not dispute that it has yet to imple- ment the provisions of the directive relating 10. The costs of these proceedings are to be to the weekly rest period and the duration paid by the defendant in accordance with of night work. However, it gives an assur- Article 69(2) of the Rules of Procedure.
Conclusion
11. I propose that the Court grant the application and:
(1) Declare that, by failing to adopt within the prescribed period all the laws, regulations and administrative provisions necessary to comply with Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, the French Republic has failed to fulfil its obligations under the Treaty and that directive;
(2) Order the French Republic to pay the costs.
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