C-494/99

OPINION OF MR JACOBS — CASE C-494/99

OPINION OF ADVOCATE GENERAL JACOBS delivered on 22 February 2001 1

1. In this case the Commission seeks a 3. Article 12(1) of the directive provides declaration, pursuant to Article 226 EC, that: that the Hellenic Republic, by failing to adopt or, in the alternative, to communi- cate to the Commission within the pre- scribed time-limit the laws, regulations and administrative provisions necessary to com- ply entirely with Directive 94/5 6/EC of 21 November 1994 establishing the funda- mental principles governing the investiga- 'Member States shall bring into force the tion of civil aviation accidents and inci- laws, regulations and administrative provi- dents, 2 the Hellenic Republic has failed to sions necessary to comply with the Direc- fulfil its obligations under the Treaty and tive not later than 21 November 1996. 3 the directive. They shall forthwith inform the Commis- sion thereof.'

4. The Hellenic Republic recognises that it has not yet transposed the provisions of the directive into Greek law but states in its defence that a draft law will shortly be put before the parliament. In its rejoinder it states that the draft law has been submitted to the Council of State.

2. The purpose of the directive, as set out in Article 1, 'is to improve air safety by facilitating the expeditious holding of investigations, the sole objective of which is the prevention of future accidents and incidents'. The directive lays down basic rules governing such investigations. 5. It follows that the Commission is enti- tled to the declaration which it seeks.

(2) order the Hellenic Republic to pay the costs.

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