CELEX: 61994CJ0259
Failure to fulfil obligations
Directive 92/44/EEC
Telecommunication
Open network provision to leased lines

Grounds
1 By application lodged at the Court Registry on 20 September 1994, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by omitting to bring into force and, in the alternative, to notify to the Commission within the period prescribed the laws, regulations and administrative provisions necessary to comply in full with Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines (OJ 1992 L 165, p. 27), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty.
2 The first paragraph of Article 15 of the directive provides that the Member States are to adopt the measures necessary to comply therewith by 5 June 1993.
3 Since the Commission was not informed by the Hellenic Republic that the directive had been transposed into national law, the Commission sent it a letter of formal notice dated 9 August 1993. No reply was received to that letter, with the result that on 7 February 1994 the Commission issued a reasoned opinion requesting the Hellenic Republic to comply with the provisions of the directive within a period of two months. The Greek Government also failed to reply to the reasoned opinion, whereupon the Commission brought the present action. In its application it points out that under Article 189 of the Treaty a directive is binding upon each Member State to which it is addressed as to the result to be achieved.
4 The Greek Government does not dispute the fact that the directive has not been transposed into national law within the prescribed period. It explains that the principal cause of the delay was that, in its view, transposition of the directive was not feasible before the statutory framework relating to the telecommunications sector was enacted and that the measures necessary for transposition are in the process of being adopted.
5 According to the settled case-law of the Court (see, for example, the judgment in Case C-147/94 Commission v Spain [1995] ECR I-0000, at paragraph 5), a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.
6 It must therefore be held that, by omitting to bring into force within the period prescribed the laws, regulations or administrative provisions necessary to comply in full with the directive, the Hellenic Republic has failed to fulfil its obligations under the Treaty.
Decision on costs
Costs
7 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 asked that the Hellenic Republic be ordered to pay the costs and the latter has failed in its submissions, it must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT (Fifth Chamber)
hereby declares:
1. By omitting to bring into force within the period prescribed the laws, regulations and administrative provisions necessary to comply in full with Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty.
2. The Hellenic Republic is ordered to pay the costs.