C-460/00
ECLI:EU:C:2001:419
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OPINION OF MR GEELHOED — CASE C-460/00
OPINION OF ADVOCATE GENERAL GEELHOED delivered on 12 July 2001 1
1. In this case the Commission of the ground that it had not received any infor- European Communities is seeking a mation from the Greek Government about declaration pursuant to Article 226 EC the measures adopted by it to implement that, by not adopting, or, alternatively, by the directive. The Greek authorities did not not communicating to the Commission, respond to the formal notice. As a result the within the prescribed period, the legislative Commission, on 24 January 2000, sent and administrative provisions necessary to them a reasoned opinion, in which it called comply fully with Council Directive 96/48/ upon the Hellenic Republic to adopt the EC of 23 July 1996 on the interoperability measures necessary to comply with the of the trans-European high-speed rail sys- reasoned opinion within a period of two tem 2(hereinafter 'the directive'), the Hel- months from its notification. As the Greek lenic Republic has failed to fulfil its obliga- Government did not respond to that opi- tions under the EC Treaty. nion, the Commission brought this action before the Court of Justice on 20 December 2000.
2. Under the terms of Article 23 of the directive, the Member States were required 4. In its application the Commission asserts to adopt the legislative and administrative that the Hellenic Republic had not, by provisions necessary to comply with the 8 April 1999, adopted all the legislative directive no later than 8 April 1999, and and administrative provisions necessary to immediately inform the Commission of comply with the obligations resulting from them. the directive. The Commission also points out that the Hellenic Republic has not fulfilled its obligations under the first paragraph of Article 10 EC and the third paragraph of Article 249 EC.
3. By letter of 5 August 1999 the Commis- sion gave the Hellenic Republic formal notice to submit its observations on the 5. The Greek Government makes reference to a draft Presidential Decree intended to 1 — Original language: Dutch. implement the directive. The procedure for 2 — OJ 1996 L 235, p. 6. the enactment of that draft has not yet been
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COMMISSION v GREECE
completed. According to the Greek Gov- I observe on this point that, according to ernment, the delay in implementing the the settled case-law of the Court, a Member directive is caused by questions connected State may not plead provisions, practices or to the fulfilment of essential requirements circumstances existing in its internal legal and by the choice of the agencies respon- system in order to justify a failure to sible for carrying out the procedure for comply with the obligations and time-limits making the EC declaration of conformity. arising from Community directives. 3
Conclusion
In the light of the above remarks, I propose that the Court should:
(1) declare that, by not adopting the legislative and administrative provisions necessary to comply fully with Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system, or, alternatively, by not informing the Commission of them, within the prescribed period, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty;
(2) order the Hellenic Republic to pay the costs in accordance with Article 69(2) of the Rules of Procedure.
3 — See, liner aha, Case C-470/98 Commission v Greece 120001 ECR I-4657, paragraph 11.
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