C-370/00
ECLI:EU:C:2001:388
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OPINION OF MR JACOBS — CASE C-370/00
OPINION OF ADVOCATE GENERAL JACOBS delivered on 5 July 2001 1
1. In this case the Commission seeks a States with regard to the transport of declaration, pursuant to Article 226 EC, dangerous goods by rail, 3or in any event that by failing to adopt the laws, regula- by failing to inform the Commission of tions or administrative provisions necessary those measures, Ireland has failed to fulfil to comply with Council Directive 96/49/EC its obligations under those directives. of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail 2and Commission Directive 96/87/EC of 13 December 1996 adapting to technical 2. In its defence, Ireland does not contest progress Council Directive 96/49/EC on the the Commission's complaint, but states that approximation of the laws of the Member work is continuing on a draft of regulations to implement the directives.
1 — Original language: English. 2 — OJ 1996 L 235, p. 25. 3 — OJ 1996 L 335, p. 45.
I - 6330
COMMISSION v IRELAND
Conclusion
3. In those circumstances, the Court should in my opinion:
(1) declare that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail and Commission Directive 96/87/EC of 13 December 1996 adapting to technical progress Council Directive 96/49/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, Ireland has failed to fulfil its obligations under those directives;
(2) order Ireland to pay the costs.
I-6331