C-123/99
ECLI:EU:C:2000:5
- Súd
- Súdny dvor Európskej únie
- IČS
- 61999CC0123
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LÉGER — CASE C-123/99
OPINION OF ADVOCATE GENERAL LÉGER delivered on 11 January 2000 *
1. By this action, the Commission of the Commission of the provisions adopted European Communities is asking the Court immediately. to find that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to com- ply with Directive 94/62/EC on packaging and packaging waste 1 (hereinafter 'the Directive'), the Hellenic Republic has failed to fulfil its obligations under that directive. 3. Having received no information as to transposition of the Directive into the Greek legal order, the Commission initiated the administrative procedure provided for under Article 169 of the EC Treaty (now Article 226 EC).
4. By letter of 16 January 1997, the Com- mission formally called upon the Hellenic Republic to submit its observations within a period of two months. 2. Article 22(1) of the Directive provides that the Member States are to bring into force the laws, regulations and administra- tive provisions necessary to comply there- with by 30 June 1996 at the latest. It goes on to provide that they are to inform the
5. Since the Greek Government did not * Original language: French. 1 — European Parliament and Council Directive of 20 Decem- respond to that letter, the Commission, on ber 1994 (OJ 1994 L 365, p. 10). 2 October 1997, sent it a reasoned opinion I - 2882
COMMISSION V GREECE
requiring it to comply with the Directive ministers prior to being submitted to the within a period of two months. Parliament.
6. By letter of 22 June 1998 the Hellenic Republic sent the Commission a draft law transposing the Directive.
9. Therefore, in accordance with the case- law of the Court, 2 I propose that the Commission's action should be upheld.
7. The Commission brought this action on 13 April 1999.
10. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they were applied for in the successful party's plead- ings. Since the Hellenic Republic has been unsuccessful, it must be ordered to pay the 8. Although the Hellenic Republic submits costs, in accordance with the Commission's that the action should be dismissed, it does pleadings to that effect. not dispute the accusation levelled against it. In its defence, it observes that the measure transposing the Directive is to be 2 — Sec, for example, Case C-283/97 Commission v Belgium 11998] ECU I-6081 and Case C-386/97 Commission v signed within a short time by the competent Greece [1998] ECU I-6127.
I - 2883
OPINION OF MR LÉGER — CASE C-123/99
Conclusion
11. On the basis of the foregoing considerations, I propose that the Court should declare as follows:
(1) By failing to bring into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, the Hellenic Republic has failed to fulfil its obligations under Article 22(1) of that directive.
(2) The Hellenic Republic is ordered to pay the costs.
I - 2884