CELEX: 62002CC0085
Language: en
Date: 2002-12-12
Title: Opinion of Mr Advocate General Jacobs delivered on 12 December 2002. # Commission of the European Communities v French Republic. # Failure by a Member State to fulfil its obligations - Failure to implement Directive 91/439/EC. # Case C-85/02.

OPINION OF ADVOCATE GENERAL
      M. F.G. Jacobs
      delivered on 12 December 2002 (1)
      
      Case C-85/02
      Commission des Communautés européennes
      v
      République française
      ()1.     In this case the Commission seeks a declaration, pursuant to Article 226 EC, that, by not adopting the laws, regulations and
         administrative provisions necessary to transpose point 12 of Annex II to Council Directive 91/439/EEC of 29 July 1991 on driving
         licences, (2)(2) the French Republic has failed to fulfil its obligations under the directive. 
      
      2.     Directive 91/439 lays down the conditions for the issue of a driving licence. Annex II lays down the minimum requirements
         for driving tests. Point 12 concerns the length of the driving test for different categories of vehicle, and provides that
         for certain categories (categories A, B and B+E) in no circumstances should the time spent driving on the road be less than
         25 minutes. 
      
      3.     It is not disputed that under the French provisions governing driving tests, the average duration of the test is 22 minutes.
         France accepts in its defence that it has not yet implemented the requirements of point 12 of Annex II, and explains the difficulties
         which it has encountered in doing so. It also states that it is making every effort to implement the provisions as soon as
         possible. 
      
      4.     It follows that the Commission's application is well founded. 
       Conclusion 
      5.     I am therefore of the opinion that the Court should 
      1)         declare that, by not adopting the laws, regulations and administrative provisions necessary to transpose point 12 of Annex
         II to Council Directive 91/439/EEC of 29 July 1991 on driving licences, the French Republic has failed to fulfil its obligations
         under the directive; 
      
      2)         order the French Republic to pay the costs. 
      1 –	Original language: English.
      
      2 –	OJ 1991 L 237, p. 1.