C-29/01

1. By its application under Article 226 EC, 2000 the Spanish Government submitted received at the Court of Justice on 24 its response in which it announced — January 2001, the Commission seeks a referring to a bill which already declaration that, by failing to adopt the existed — a draft law for the implemen- laws, regulations and administrative provi- tation of the directive and completion of sions necessary to comply with Council the legislative procedure towards the end of Directive 96/61/EEC of 24 September 1996 2001, which it justified by the need for concerning integrated pollution prevention consultation within Spain. The Commis- and control 2or, in any event, by failing to sion then brought the present action. communicate those provisions to the Com- mission, the Kingdom of Spain has failed to fulfil its obligations under that directive. The Commission also seeks an order that the Kingdom of Spain should pay the costs. 3. It is settled case-law of the Court of Justice that the relevant time for determin- ing whether a Member State has failed to fulfil its obligations is the end of the period laid down in the reasoned opinion. 3 That period expired on 27 September 2001 without the measures required by the 2. As no implementing provisions had been Commission having been adopted. The communicated to the Commission by Spanish Government in fact stated that 30 October 1999, the time-limit for imple- it was working on the implementing law menting the directive, and the Commission and that the national procedure was in had received no other information in that progress. regard, it initiated the Treaty infringement procedure. After it had given the Kingdom of Spain an opportunity to submit its observations, it delivered a reasoned opinion on 27 July 2000 in which it called 4. It is also settled case-law of the Court of on the Kingdom of Spain to adopt the Justice that the Member States may not necessary measures within two months and plead provisions of national law in order to to inform the Commission thereof. By letter justify the failure to implement a directive of 8 September 2000 the Kingdom of Spain by the date required. 4 sought an extension of one month, but its request was not granted. On 6 December 3 — Case C-384/99 Commission v Belgium [2000] ECR I-10633, paragraph 16. 1 — Original language: German. 4 — Case C-139/97 Commission v Italy [1998] ECR I-605, paragraph 10, and Case C-323/97 Commission v Belgium 2 — OJ 1996 L 257, p. 26. [1998] ECR I-4281, paragraph 8.

(2) The Kingdom of Spain must pay the costs.

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