Opinion of Mr Advocate General Tizzano delivered on 20 June 2002. # Commission of the European Communities v Ireland. # Failure by a Member State to fulfil its obligations - Failure to implement Directive 1999/28/EC. # Case C-328/01.

Opinion of the Advocate-General

1 By application lodged at the Court Registry on 30 August 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with Commission Directive 1999/28/EC of 21 April 1999 amending Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation (OJ 1999 L 118, p. 53) or, in any event, by failing to inform the Commission of those measures, Ireland had failed to fulfil its obligations under that Directive.

2 Article 2(1) of Directive 1999/28 requires the Member States to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 1 September 1999 at the latest and to inform the Commission thereof forthwith. In its defence, Ireland conceded that it had not yet fulfilled the obligations incumbent upon it under that directive, contenting itself with the statement that it would shortly be adopting the necessary implementation measures.

3 Since it is not denied that, on the expiry of the period prescribed in the reasoned opinion, the infringement alleged by the Commission subsisted, I consider that this action must be allowed (1) and that, as the applicant has applied for costs, Ireland must be order to pay them.

Conclusion

4 I therefore propose that the Court should:

(1) declare that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation or, in any event, by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under that Directive;

(2) order Ireland to pay the costs.

(1) - On this point see, ex multis, the judgment of 6 December 2001 in Case C-148/00 Commission v Italy [2001] ECR I-0000, paragraph 7.