C-107/01

OPINION OF MR JACOBS — CASE C-107/01

O P I N I O N OF ADVOCATE GENERAL JACOBS delivered on 25 October 2001 1

1. In this case the Commission seeks a the Directive by 1 October 1999 and forth- declaration that, by failing to adopt the with to inform the Commission thereof. laws, regulations and administrative provi- sions necessary to implement Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport opera- tions, 2 or in any event by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to comply with its obligations under the Directive. 3. In its defence, Luxembourg states that a draft law transposing the Directive and two draft grand-ducal regulations have been approved by the government and have been transmitted to the bodies which must, under the Constitution, be consulted.

2. Under Article 2 of Directive 98/76, Member States were required to bring into force the laws, regulations and administra- tive provisions necessary to comply with 4. Since it appears that Luxembourg has not implemented the Directive, the Com- 1 — Original language: English. mission is entitled to the declaration which 2 — OJ 1998 L 277, p. 17. it seeks. I - 10358

COMMISSION v LUXEMBOURG

Conclusion