CELEX: 61997CJ0284
Failure of a Member State to fulfil its obligations
Directive 93/40/EEC
Failure to transpose within the prescribed period

Grounds
1 By application lodged at the Court Registry on 1 August 1997, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 93/40/EEC of 14 June 1993 amending Directives 81/851/EEC and 81/852/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products (OJ 1993 L 214, p. 31, hereinafter `the Directive'), the French Republic has failed to fulfil its obligations under the EC Treaty and the Directive.
2 Under the first paragraph of Article 3 of the Directive, Member States were to take all appropriate measures to comply with the Directive, with the exception of Article 1(7), before 1 January 1995 and forthwith to inform the Commission thereof.
3 Since it had not received any communication relating to the transposition of the Directive into French law and had no information to show that the French Republic had fulfilled that obligation, the Commission gave formal notice to that State by letter of 2 August 1995, calling on it to submit its observations within a period of two months.
4 On 25 October 1995 the French Republic informed the Commission that the measures to transpose the Directive were being drafted.
5 However, as it had received no information on the adoption of such measures, the Commission, on 26 September 1996, sent a reasoned opinion to the French Republic, calling on it to comply with its obligations under the Directive within two months of its notification.
6 As no action was taken on that reasoned opinion, the Commission brought the present proceedings.
7 The French Republic does not dispute that the Directive was not transposed within the prescribed period.
8 As the Directive was not transposed within the period prescribed therein, the Commission's action must be considered well founded.
9 Accordingly, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with the Directive, the French Republic has failed to fulfil its obligations under the Directive.
Decision on costs
Costs
10 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the French Republic has been unsuccessful, the latter must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT
(Sixth Chamber)
hereby:
11 Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 93/40/EEC of 14 June 1993 amending Directives 81/851/EEC and 81/852/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products, the French Republic has failed to fulfil its obligations under that directive;
12 Orders the French Republic to pay the costs.