CELEX: 61994CJ0239
Failure to fulfil obligations
Directive 91/263/EEC
Failure to transpose

Grounds
1 By application lodged at the Registry of the Court on 30 August 1994, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to bring into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (OJ 1991 L 128, p. 1) (hereinafter "the Directive"), or, alternatively, by failing to inform the Commission of such measures, Ireland has failed to fulfil its obligations under the Directive, in particular Article 17 thereof, and under the third paragraph of Article 189 of the EC Treaty.
2 Under the first subparagraph of Article 17(1) of the Directive, Member States were required to take the measures necessary to comply with the Directive no later than 6 November 1992 and forthwith to inform the Commission thereof.
3 Ireland does not deny that the Directive has not been transposed within the prescribed period. It says, however, that ministerial regulations designed to transpose it are in the course of preparation.
4 Since the Directive has not been transposed within the period prescribed by Article 17 thereof, the Commission' s claim that Ireland is in breach of its obligations in that regard must be regarded as well founded.
5 It must accordingly be held that, by failing to bring into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with the Directive, Ireland has failed to fulfil its obligations under Article 17 of the Directive and under the third paragraph of Article 189 of the EC Treaty.
Decision on costs
Costs
6 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since Ireland has been unsuccessful, it must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Declares that, by failing to bring into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, Ireland has failed to fulfil its obligations under Article 17 of the Directive and under the third paragraph of Article 189 of the EC Treaty;
2. Orders Ireland to pay the costs.