C-312/01

OPINION OF MR GEELHOED — CASE C-312/01

O P I N I O N OF ADVOCATE GENERAL GEELHOED delivered on 6 June 2002 1

1. In the present case, the Commission of form a more soundly-based judgment of its the European Communities seeks a declar- financial situation. ation by the Court that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 98/78/EC of the European Parliament and of the Council of 27 October 1998 on the supplementary supervision of insurance undertakings in an insurance group 2or, 4. The Greek Government concedes that it in any event, by failing to notify the failed to transpose the Directive within the Commission of those measures, the Hel- prescribed period. It submits that the lenic Republic has failed to fulfil its obli- procedure for adoption of a draft presi- gations under the EC Treaty. dential decree to transpose the Directive is underway. According to the Greek Govern- ment, that draft was being examined by the Greek Council of State at the time when the reply in the present proceedings was lodged. It further submits that the Greek authorities will have regard to the obli- 2. The Directive was published in the gations under the Directive in their dealings Official Journal of the European Commu- with the authorities of other Member nities on 5 December 1998. In accordance States. with Article 11(1) of the Directive, the period for transposition expired on 5 June 2000.

5. It should be borne in mind that, accord- ing to the settled case-law of the Court, a Member State may not rely on provisions, 3. The Directive lays down rules on the practices or circumstances in its internal supplementary supervision of insurance legal order to justify its failure to comply undertakings in an insurance group. Its with the obligations and time-limits laid purpose is thereby to enable the authorities down in a directive. It is likewise settled supervising an insurance undertaking to case-law that, when transposing a directive, a Member State must ensure that its legis- lation is consistent with the provisions of 1 — Original language: Dutch. the directive and may not be content simply 2 — OJ 1998 L 330, p. 1. with administrative practices. I - 7054