C-219/99
ECLI:EU:C:2000:648
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OPINION OF MR JACOBS — CASE C-219/99
OPINION OF ADVOCATE GENERAL JACOBS delivered on 23 November 2000 1
1. In this case the Commission seeks a of the Directive and does not contest the declaration that, by failing to adopt the order sought by the Commission. It laws, regulations or administrative provi- explains the difficulties which have caused sions necessary to comply with European that delay, but recognises that those diffi- Parliament and Council Directive 95/16/EC culties cannot be relied upon to resist the of 29 June 1995 on the approximation of Commission's application: the Government laws of the Member States relating to lifts, 2 wishes rather, by explaining the circum- the French Republic has failed to fulfil its stances, to demonstrate its good faith. obligations under that Directive.
4. After the close of the written procedure the French Government, by letter of 2. Directive 95/16 seeks to harmonise the 3 October 2000, informed the Court that safety standards required for lifts prior to the decree designed to transpose the Direc- their being placed on the market. Arti- tive had been published in the French cle 15(1) provided that Member States Official Journal of 27 August 2000. 3 were to adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive by 1 January 1997 and were forthwith to inform the Commission thereof; Member States were to apply those measures with effect from 1 July 1997. 5. The Commission has not responded to that information and it is not necessary for the Court to reach a view on whether the decree constitutes full if belated implemen- tation of the Directive. According to the Court's well-settled case-law the Commis- sion is entitled to a declaration in proceed- ings for failure to implement a directive even where the directive is subsequently 3. The French Government accepts that fully implemented. there has been a delay in the transposition
3 — Décret n° 2000-810 du 24 août 2000 relažii à la mise sur le 1 — Original language: English. marché des ascenseurs, Journal Officiel de la République 2 — OJ 1995 L 213, p. 1. française, 27 août 2000.
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COMMISSION V FRANCE
Conclusion
6. The Court should therefore in my opinion:
(1) declare that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts, the French Republic has failed to fulfil its obligations under that Directive;
(2) order the French Republic to pay the costs.
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