ECLI:EU:C:1996:245•Opinion of Mr Advocate General La Pergola delivered on 20 June 1996. # Commission of the European Communities v Kingdom of Spain. # Failure to fulfil obligations - Failure to transpose a directive. # Case C-79/95.
Opinion of Mr Advocate General La Pergola delivered on 20 June 1996. # Commission of the European Communities v Kingdom of Spain. # Failure to fulfil obligations - Failure to transpose a directive. # Case C-79/95.
ECLI:EU:C:1996:245Eu CjeuJun 20, 1996
Full text
LA PERGOLA
delivered on 20 June 1996 ( *1 )
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By an application lodged on 16 March 1995, the Commission asks the Court to declare that by failing to adopt within the prescribed period the measures necessary to comply with the directives listed below, the Kingdom of Spain has failed to fulfil its obligations under the EC Treaty:
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The Kingdom of Spain has made it known during the course of the proceedings that it has in the meantime taken measures to transpose Directive 89/391/EEC. The Commission has taken formal notice of that transposition and has, accordingly, informed the Court that it wishes, pursuant to Article 78 of the Rules of Procedure, to discontinue that part of the action concerning the alleged breach of Directive 89/391/EEC. |
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It is sufficient to note that the Kingdom of Spain does not deny the infringement arising from its failure to transpose Directives 89/654/EEC, 89/655/EEC, 89/656/EEC, 90/269/EEC, 90/270/EEC and 90/394/EEC. In its observations it merely stated that measures to transpose those directives into national law are being adopted. According to the settled case-law of the Court, ( 8 ) that cannot justify the failure to comply with its obligations. |
Conclusion
I therefore propose that the Court should uphold the application in so far as it relates to breach of Directives 89/654/EEC, 89/655/EEC, 89/656/EEC, 90/269/EEC, 90/270/EEC and 90/394/EEC and order the defendant State to pay the costs, in accordance with Article 69(2) and (5) of the Rules of Procedure.
( *1 ) Original language: Italian.
( 1 ) OJ 1989 L 183, p. 1.
( 2 ) OJ 1989 L 393, p. 1.
( 3 ) OJ 1989 L 393, p. 13.
( 4 ) OJ 1989 L 393, p. 18.
( 5 ) OJ 1990 L 156, p. 9.
( 6 ) OJ 1990 L 156, p. 14.
( 7 ) OJ 1990 L 196, p. 1.
( 8 ) Sec, ex multis, Case C-147/94 Commission v Spain [1995] ECR I-1015.
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