C-97/00
ECLI:EU:C:2000:702
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COMMISSION V FRANCE
OPINION OF ADVOCATE GENERAL MISCHO delivered on 14 December 2 0 0 0 ï
1. The Commission of the European Com- 3. The Commission alleges that the French munities seeks a declaration from the Court authorities have transposed into national that, by failing to communicate the laws, law only the provisions laid down in regulations and administrative provisions Articles l(1)(a), 2(1)(a) and 3(1)(a) of the necessary to comply with all the provisions Directive, relating to the thresholds above of European Parliament and Council Direc- which contract notices must be published in tive 97/52/EC of 13 October 1997 amend- the Official Journal of the European Com- ing Directives 92/50/EEC, 93/36/EEC and munities. It considers that, in those circum- 93/37/EEC concerning the coordination of stances, it should be found that, notwith- procedures for the award of public service standing expiry of the time-limit laid down, contracts, public supply contracts and pub- the French Republic has not yet adopted lic works contracts respectively2 ('the the national provisions for transposing the Directive'), or by failing to adopt the whole of the Directive and, in any event, measures necessary to comply therewith, has not communicated them. the French Republic has failed to fulfil its obligations under the Directive. It also asks for an order for costs against the French Republic.
4. In its defence the French Government does not deny the infringement pleaded. It 2. Under the first subparagraph of Arti- points out that the Directive has been cle 4(1) of the Directive, the Member States partly transposed by the Order of 22 April were to bring into force the laws, regula- 1998 which sets the thresholds above tions and administrative provisions neces- which contract notices have to be published sary to comply with the Directive by in the Official journal of the European 13 October 1998 and forthwith to inform Communities, and it asks the Court to find the Commission thereof. that the process for transposition of the Directive is in the course of being comple- ted given that a draft decree is undergoing 1 — Original language: French. interdepartmental examination and will be 2 — O J 1997 L 328, p. 1. submitted shortly to the Conseil d'État.
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OPINION OF MR MISCHO — CASE C-97/00
5. It is common ground that, on the date of 6. The Commission's action should there- expiry of the time-limit set by the reasoned fore be considered well founded. opinion (Commission letter of 3 September 1999 setting a time-limit of two months from its notification), the French Republic still had not adopted the measures neces- sary to transpose the Directive in full. 7. Pursuant to Article 69(2) of the Rules of Procedure, the French Republic should be ordered to pay the costs.
Conclusion
8. In view of the foregoing considerations, I propose that the Court should rule as follows:
(1) by failing to communicate the laws, regulations and administrative provisions necessary to comply with all the provisions of European Parliament and Council Directive 97/52/EC of 13 October 1997 amending Directives 92/50/ EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively, or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under that directive;
(2) the French Republic is to pay the costs.
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