C-39/01

OPINION OF MRS STCX-HACKL — CASE C-39/01

O P I N I O N OF ADVOCATE GENERAL STIX-HACKL delivered on 10 January 2002 1

1. By its application lodged at the Court of 3. As is clear from the pleadings, when the Justice on 29 January 2001 pursuant to period of two months prescribed in the Article 226 EC the Commission seeks a reasoned opinion of the Commission declaration that by failing to adopt the delivered on 3 August 2000 came to an laws, regulations or administrative provi- end, the United Kingdom had not taken all sions necessary to comply with Council the necessary measures, in particular in Directive 96/61/EC of 24 September 1996 relation to off-shore installations, in order concerning integrated pollution prevention to comply with Directive 96/61. and control 2or, in any event by failing to inform the Commission thereof, the United Kingdom has failed to fulfil its obligations under that directive. The Commission also seeks an order for costs against the United Kingdom. 4. The United Kingdom Government does not dispute that it did not adopt the necessary laws, regulations or adminis- trative provisions to implement Directive 96/61 within the prescribed period.

5. The obligation in Community law to implement the directive derives both directly from the directive and from the third paragraph of Article 249 EC and 2. It is settled case-law of the Court of Article 10 EC. Justice that, in an action under Article 226 EC, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned 6. As it is thus established that the United opinion. 3 Kingdom has not fulfilled its obligations in Community law, the application of the Commission should be granted and this 1 — Original language: German. 2 — OJ 1996 L 257, p. 26. Member State should be declared to have 3 — Case C-31S/98 Commission v Italy [1999) ECR I-8001, failed to fulfil its obligations under the paragraph 11. Treaty and ordered to pay the costs. I - 2514