C-327/01
ECLI:EU:C:2002:395
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OPINION OF MR MISCHO — CASE C-327/01
OPINION OF ADVOCATE GENERAL MISCHO delivered on 20 June 2002 1
1. In the action which is the subject of this 3. Since it had received no information Opinion, the Commission of the European from which it could conclude that Ireland Communities seeks a declaration that, by had adopted the necessary measures, the failing to adopt the laws, regulations and Commission brought the action which is administrative provisions necessary to the subject of this Opinion. comply with Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the limitation of the oper- ation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Avi- ation, second edition (1988), 2Ireland has failed to fulfil its obligations under that directive. 4. Ireland concedes that it did not adopt the implementation measures required within the period prescribed. However, it requests the Court to suspend the pro- cedure for a period of three months, by which time it anticipates that the Directive will have been implemented in Ireland, and hopes that the Commission will then dis- continue proceedings.
2. The Commission observes that under Article 3 of the Directive the Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with their obligations thereunder by 1 March 1999 at the latest and that they are immediately to inform the Commission of the measures adopted for 5. Neither the existence of Ireland's obli- that purpose. 3 gation to adopt the measures necessary to comply with the Directive nor the failure to comply with that obligation can be dis- 1 — Original language: French. puted. In that respect, it should be remem- 2 — OJ 1998 L 107, p. 4 3 — In that context, the Commission cites Article 2 of the bered that the Commission sent Ireland a Directive. However, it is clear, and the defendant is not reasoned opinion dated 21 October 1999 mistaken in this, that it is in fact Article 3 to which the Commission is referring. which set a time-limit of two months for
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COMMISSION v IRELAND
the adoption of the necessary measures and 6. The finding by the Court of a failure to that Ireland itself admits that this has not fulfil obligations is therefore justified. been done since those measures are still in the course of being adopted.
Conclusion
7. For the above reasons, it is proposed that the Court should:
— declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988), Ireland has failed to fulfil its obligations under that Directive;
— order Ireland to pay the costs.
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