CELEX: 61995CC0161
Language: en
Date: 1996-02-01 00:00:00
Title: Opinion of Mr Advocate General Fennelly delivered on 1 February 1996. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil its obligations - Non-transposition of Directive 91/271/EEC - Urban waste water treatment. # Case C-161/95.

OPINION OF ADVOCATE GENERALFENNELLY delivered on 1 February 1996  (1)
         Case C-161/95 CommissionvHellenic Republic
            ()
            
      
         
      1.  The Commission has brought the present infringement proceedings pursuant to Article 169 of the Treaty.  By application of
      8 May 1995, registered at the Court on 22 May 1995, it contends that, by not implementing the laws, regulations and administrative
      provisions necessary to comply with Council Directive 91/271/EEC of 21 May 1991 (hereinafter  
      the Directive), 
      
         			(2)
         		 concerning urban waste water treatment, or by not informing the Commission of the measures taken to comply with the Directive,
      the Hellenic Republic has failed to fulfil its obligations both under the Treaty and the Directive.
      
      2.  Member States were required by Article 19(1) of the Directive to take the measures necessary to comply with it not later than
      30 June 1993, and immediately inform the Commission thereof.  Article 19(2) of the Directive obliges the Member States also
      to inform the Commission of the texts of the main provisions of national law which they have adopted in the field covered
      by the Directive.
      
      3.  Article 189 of the Treaty obliges Member States to adopt the national measures necessary to ensure the attainment of the objectives
      of each directive.  This specific requirement is reinforced by their general duty pursuant to Article 5 of the Treaty  
      to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this
      Treaty or resulting from action taken by the institutions of the Community.
      
      4.  In its defence of 20 June 1995, the Greek Government does not dispute its failure to implement the Directive within the time-limit
      enjoined by Article 19 thereof, but contends that its delay is due to the fact that the relevant implementing measures come
      within the framework of a global revision of the national law on the treatment of waste.  The Government states that the relevant
      ministry has already drawn up a draft ministerial order which, if adopted, would implement the Directive.  In its rejoinder
      of 8 August 1995, the Government further states that the draft in question has actually been submitted for signature to the
      relevant, competent ministers.  However, as the Commission correctly submitted in its reply of 3 July 1995, by reference to
      the constant case-law of the Court, Member States may not plead practical or other internal difficulties experienced in implementing
      a directive so as to justify their failure to respect, within the prescribed time-limit, the obligations imposed on them by
      Community directives.
      
      5.  As the failure of Greece to adopt the measures necessary to implement the Directive and, thus, end the infringement identified
      by the Commission during both the course of the pre-contentious procedure and in its pleadings in this case has not been remedied,
      I can only propose that the Court grant the relief sought by the Commission.
        Conclusion
      
      6.  Accordingly, I am of the opinion that the Court should:
      (1) declare that by not implementing within the prescribed period the laws, regulations and administrative provisions necessary
      to comply with Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the Hellenic Republic has
      failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty and under Article 19 of Directive
      91/271; 
      
      (2) order the Hellenic Republic to pay the costs of these proceedings. 
      
      
      
       1 –
         
            Original language: English.
      
      2 –
         
         OJ 1991 L 135, p. 40.