CELEX: 61994CC0138
Language: en
Date: 1995-11-16 00:00:00
Title: Opinion of Mr Advocate General Lenz delivered on 16 November 1995. # Commission of the European Communities v Ireland. # Failure to fulfil obligations - Directive 91/496/EEC - Veterinary checks - Failure to transpose. # Case C-138/94.

OPINION OF ADVOCATE GENERAL
      LENZ
      delivered on 16 November 1995 (
            *1
         )
      
               1. 
            
            
               In this action against Ireland for failure to fulfil obligations, the Commission asks the Court to:
               
                        (1)
                     
                     
                        declare that, by failing to bring into force the laws, regulations and administrative measures necessary to comply with Council Directive 91/496/EEC of 15 July 1991 (
                              1
                           ) laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, (
                              2
                           ) 90/425/EEC (
                              3
                           ) and 90/675/EEC, (
                              4
                           ) and/or by failing to inform the Commission thereof forthwith, Ireland has failed to fulfil its obligations under that directive, in particular Article 30 thereof, and under the Treaty establishing the European Community;
                     
                  
                        (2)
                     
                     
                        order Ireland to pay the costs.
                     
                  
         
               2. 
            
            
               Under Article 30 of Directive 91/496 the Member States were to bring into force the laws, regulations and administrative provisions to comply with the directive by 1 July 1992 at the latest, and were to inform the Commission thereof forthwith.
            
         
               3. 
            
            
               Since the Commission was not informed of any transposition by the Member State, it initiated the procedure for failure to fulfil obligations by a letter of formal notice dated 14 October 1992. There was no reply to the letter. The Commission thereupon delivered a reasoned opinion on 11 May 1993. By a letter of 15 July 1993 from the Permanent Representation of Ireland to the European Communities, Ireland informed the Commission that a transposition procedure was in progress. Since the Commission was not informed of the completion of the procedure, it brought an action before the Court on 14 April 1994. Ireland states in its defence that by Statutory Instrument No 255 of 1994, signed by the Irish Minister for Agriculture on 26 July 1994, Ireland has transposed the directive, with the exception of provisions relating to fish and fishery products.
            
         
               4. 
            
            
               It is certain that the directive was not completely transposed into the law of the Member State within the time-limit set by the Commission.
            
         
               5. 
            
            
               The Commission's application with reference to failure to transpose the directive within the prescribed period must therefore be upheld.
            
         
               6. 
            
            
               In accordance with Article 69(2) of the Rules of Procedure, the unsuccessful party must be ordered to pay the costs.
            
         Conclusion
      
               7.
            
            
               In conclusion, I suggest that the Court rule as follows:
               
                        (1)
                     
                     
                        By failing to bring into force the laws, regulations and administrative measures necessary to comply with Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC, and/or by failing to inform the Commission thereof forthwith, Ireland has failed to fulfil its obligations under that directive, in particular Article 30 thereof, and under the Treaty establishing the European Community.
                     
                  
                        (2)
                     
                     
                        Ireland is ordered to pay the costs.
                     
                  
         (
            *1
         )	Original language: German.
      (
            1
         )	OJ 1991 L 268, p. 56.
      (
            2
         )	OJ 1989 L 395, p. 13.
      (
            3
         )	OJ 1990 L 224, p. 29.
      (
            4
         )	OJ 1990 L 373, p. 1.