C-138/99
ECLI:EU:C:1999:505
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OPINION OF MR JACOBS — CASE C-138/99
OPINION OF ADVOCATE GENERAL JACOBS delivered on 14 October 1999 *
1. In this case the Commission seeks a provisions necessary to comply with the declaration that, by not adopting the laws, directive not later than 21 November 1996. regulations and administrative provisions needed to implement Council Directive 94/56/EC of 21 November 1994 establish- ing the fundamental principles governing the investigation of civil aviation accidents or incidents, 1the Grand Duchy of Luxem- bourg has failed to fulfil its obligations under the directive.
3. In its Defence, lodged at the Court on 19 May 1999, the Grand Duchy of Lux- embourg does not deny that it has failed to adopt the necessary measures. It explains that the reasons for the delay are exclu- sively procedural and refers to the proce- dural difficulties which have arisen.
2. Article 12(1) of the directive provided that Member States should bring into force the laws, regulations and administrative
* Original language: English. 4. In those circumstances the Commission's 1 — OJ 1994 L 319, p. 14. application is well founded.
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COMMISSION V LUXEMBOURG
Conclusion
5. I therefore conclude that the Court should:
(1) declare that, by not adopting the laws, regulations and administrative provisions needed to implement Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents or incidents, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the directive;
(2) order the Grand Duchy of Luxembourg to pay the costs.
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