C-328/01

OPINION OF MR TIZZANO — CASE C-328/01

OPINION OF ADVOCATE GENERAL TIZZANO delivered on 20 June 2002 1

1. By application lodged at the Court conceded that it had not yet fulfilled the Registry on 30 August 2001, the Commis- obligations incumbent upon it under that sion of the European Communities brought directive, contenting itself with the state- an action under Article 226 EC for a ment that it would shortly be adopting the declaration that, by failing to adopt the necessary implementation measures. laws, regulations or administrative provi- sions necessary to comply with Commis- sion Directive 1999/28/EC of 21 April 1999 amending Council 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 Aviation (OJ 1999 L 118, p. 53) or, in any event, by failing to inform the Commission of those measures, Ireland had failed to fulfil its obligations under that Directive. 3. Since it is not denied that, on the expiry of the period prescribed in the reasoned opinion, the infringement alleged by the Commission subsisted, I consider that this action must be allowed 2and that, as the applicant has applied for costs, Ireland must be order to pay them.

2. Article 2(1) of Directive 1999/28 requires the Member States to bring into force the laws, regulations and adminis- trative provisions necessary to comply with that directive by 1 September 1999 at the latest and to inform the Commission thereof forthwith. In its defence, Ireland 2 — On this point see, ex multis, the judgment of 6 December 2001 in Case C-148/00 Commission v Italy [2001] ECR 1 — Original language: Italian. I-9823, paragraph 7.

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