C-457/99
ECLI:EU:C:2001:335
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OPINION OF MR ALBER — CASE C-457/99
OPINION OF ADVOCATE GENERAL ALBER delivered on 14 June 2001 1
I — Facts, procedure and forms of order concerning implementation. That is why on sought by the parties 16 July 1998 it sent the latter a letter of formal notice requesting it to submit obser- vations within two months. That letter remained unanswered. On 18 January 1999, the Commission therefore sent the Hellenic Republic a reasoned opinion, in 1. Having partially discontinued its appli- which a final two-month period for imple- cation, the Commission is bringing an mentation was set. That reasoned opinion action for infringement of the EC Treaty, also remained unanswered. Consequently, submitting that there has been a failure to the Commission of the European Commu- transpose a directive. nities brought the present default proceed- ings against the Hellenic Republic, the application being registered at the Court Registry on 1 December 1999.
2. Council Directive 95/69/EC of 22 December 1995 laying down the condi- 4. The Commission of the European Com- tions and arrangements for approving and munities claims that the Court should: registering certain establishments and inter- mediaries operating in the animal feed sector and amending Directives 70/524/ EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC 2was to be implemented by — declare that, by failing to adopt the 1 April 1998 at the latest. laws, regulations and administrative provisions necessary to comply with Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries 3. The Commission did not receive any operating in the animal feed sector information from the Hellenic Republic and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/ EEC, the Hellenic Republic has failed 1 — Original language: German. to fulfil its obligations under the EC 2 — OJ 1995 L 332, p. 15. Treaty and that directive;
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COMMISSION v GREECE
— order the Hellenic Republic to pay the 7. The Hellenic Republic states that con- costs. siderable progress has been made with the preparatory work for the implementation of the directive and that the adoption of the appropriate legislative provisions is immi- nent.
5. The Hellenic Republic contends that the action should be dismissed.
Analysis
II — Legal analysis
8. At the decisive moment in the Treaty infringement procedure, namely on the expiry of the two-month period fixed in the reasoned opinion, which had begun on 18 January 1999, the fault complained of had still not been remedied — even allow- Arguments of the parties ing for possible extension of the time-limit to allow for the post. The action against the Hellenic Republic must therefore be upheld.
6. The Commission points out that, in accordance with the third paragraph of Article 249 EC and Article 10 EC, Member States are required to take the measures necessary to transpose directives into national law before the expiry of the 9. The question of the costs of these periods laid down therein for that purpose. remaining proceedings is governed by Arti- Member States are also required to inform cle 69(2) of the Rules of Procedure. Under the Commission immediately of those mea- Article 69(5) of the Rules of Procedure, the sures. Those periods have expired without Hellenic Republic must also be ordered to the Hellenic Republic having informed the pay the costs of the part of the application Commission of any provisions effecting the which the Commission has discontinued, incorporation into national law of the since that was also attributable to the delay directive in question. in the transposition of directives.
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OPINION OF MR ALBER — CASE C-457/99
I I I— Conclusion
10. Therefore I propose that the Court of Justice should:
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Council Directive 95/69/EC of 22 Decem- ber 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive;
(2) order the Hellenic Republic to pay the costs of the proceedings.
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