C-408/99
ECLI:EU:C:2000:292
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OPINION OF MR SAGGIO — CASE C-408/99
O P I N I O N OF ADVOCATE GENERAL SAGGIO delivered on 25 May 2000 *
Legislative context, facts and procedure to be adopted and to enter into force shortly.
1. Both Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ 1994 L 319, p. 7) and Com- mission Directive 96/86/EC of 13 Decem- ber 1996 adapting to technical progress Council Directive 94/55/EC on the approx- 3. When no word was forthcoming that imation of the laws of the Member States those measures had been adopted, the with regard to the transport of dangerous Commission delivered a reasoned opinion goods by road (OJ 1996 L 335, p. 43) to the Irish Government by letter of require Member States to adopt by 1 Jan- 16 October 1998, stating that, by not uary 1997 the laws, regulations and admin- adopting the measures necessary to comply istrative measures necessary to comply with with the Directives, Ireland had failed to those Directives and immediately to notify fulfil its obligations thereunder and calling the Commission thereof. upon the Irish Government to take the measures necessary to comply with the reasoned opinion within two months of its notification.
2. Since the Commission received no infor- mation concerning the measures adopted by Ireland to comply with those obliga- tions, it addressed a letter of formal notice to Ireland on 31 March 1998, calling upon it to submit observations within two months. By letter of 26 May 1998 the Irish authorities replied that they had already set in motion the procedure for adoption of the 4. In its reply to the reasoned opinion, legislative measures necessary to implement dated 24 November 1998, the Irish Gov- the Directives and that they expected these ernment again stated that the internal measures for implementation of the Direc- tives would take effect as soon as they met * Original language: Italian. with parliamentary approval.
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COMMISSION V IRELAND
Whether Ireland has failed to fulfil its 7. That said, and in view of the fact that obligations there is no indication that Ireland has adopted the measures necessary to imple- ment the two Directives — nor, a fortiori, that it has sent the Commission further information regarding the adoption of such measures — the assertion that Ireland has failed to fulfil its obligations under those 5. Pursuant to the third paragraph of Directives is well founded. Article 189 of the EC Treaty (now Arti- cle 249 EC), a directive is binding, as to the result to be achieved, upon each Member State to which it is addressed. Under the first paragraph of Article 5 of the EC Treaty (now Article 10 EC), Member States 8. The defence put forward by the Irish are to take all appropriate measures, Government, based on the alleged com- whether general or particular, to ensure plexity of the national legislative process in fulfilment of the obligations arising out of relation to the adoption of the necessary the Treaty or resulting from action taken by implementing measures, cannot be the institutions of the Community. So far as accepted. It is settled law that such diffi- regards the transposition into national law culties in no way relieve the Member States of Council Directive 94/55, as amended by of their responsibility vis-à-vis delays in the Commission Directive 96/86, the relevant discharge of Community obligations and, obligation is expressly laid down in Arti- in particular, with regard to the adoption of cles 10 and 2(1) respectively. The deadline measures giving effect to directives. set by those provisions for that purpose is 1 January 1997 and the Member States are required thereunder to inform the Commis- sion as soon as they have adopted the relevant national measures. 9. In view of the foregoing considerations, it must be concluded that the complaints raised against Ireland by the Commission in its reasoned opinion of 16 October 1998 are well founded.
6. In its defence, the Irish Government does not contest the fact that it has not incorpo- rated into national law the measures neces- sary to comply with the Directives. It merely contends that the procedure for Costs giving effect to the Directives involves a number of Government Departments and State agencies and that an inter-departmen- tal working group has therefore been set up to prepare a preliminary draft of the 10. In my view, Ireland cannot succeed in national regulations necessary. its pleadings. Under Article 69(2) of the
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OPINION OF MR SAGGIO — CASE C-408/99
Court's Rules of Procedure, the unsuccess- party's pleadings. Since the Commission ful party is to be ordered to pay the costs if has made such an application, Ireland must they have been applied for in the successful be ordered to pay the costs.
Conclusion
11. In view of all the foregoing considerations, I propose that the Court:
(1) declare that, by not adopting the laws, regulations and administrative measures necessary to comply with Council Directive 94/55/EC of 21 November 1994 and Commission Directive 96/8 6/EC of 13 December 1996, Ireland has failed to fulfil its obligations under those Directives;
(2) order Ireland to pay the costs.
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