CELEX: 61997CC0313
Language: en
Date: 1998-01-22 00:00:00
Title: Opinion of Mr Advocate General Jacobs delivered on 22 January 1998. # Commission of the European Communities v Italian Republic. # Failure by a Member State to fulfil its obligations - Directive 94/57/EC - Failure to transpose within the prescribed period. # Case C-313/97.

Important legal notice

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61997C0313

Opinion of Mr Advocate General Jacobs delivered on 22 January 1998.  -  Commission of the European Communities v Italian Republic.  -  Failure by a Member State to fulfil its obligations - Directive 94/57/EC - Failure to transpose within the prescribed period.  -  Case C-313/97.  

European Court reports 1998 Page I-01191

Opinion of the Advocate-General

1 In these proceedings the Commission seeks a declaration, under Article 169 of the EC Treaty, that the Italian Republic has failed to fulfil its obligations under the Treaty by not adopting within the prescribed period, and/or by not communicating to the Commission, the measures necessary to implement Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations. (1)2 Article 16 of the Directive provides that: `1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive no later than 31 December 1995. ... 3. The Member States shall immediately communicate to the Commission the text of all the provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.' 3 The Italian Republic has not disputed its failure to implement the Directive and states in its defence that the necessary measures are in the course of being adopted. 4 In these circumstances the Commission's application is clearly well founded. Conclusion 5 Accordingly I am of the opinion that the Court should: (1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations, the Italian Republic has failed to fulfil its obligations under the Treaty; (2) order the Italian Republic to pay the costs of these proceedings. (1) - OJ 1994 L 319, p. 20.