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Opinion of Mr Advocate General Mischo delivered on 30 April 2002. # Commission of the European Communities v Ireland. # Failure by a Member State to fulfil its obligations - Failure to transpose Directive 98/8/EC. # Case C-376/01.
ECLI:EU:C:2002:275
62001CC0376
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Important legal notice
62001C0376
European Court reports 2002 Page I-04721
Opinion of the Advocate-General
4. Member States were thus to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 14 May 2000 at the latest.
5. Since the Commission received no information enabling it to conclude that Ireland had adopted the necessary measures, it lodged this action for a declaration of failure to fulfil obligations.
10. The failure to fulfil obligations, as claimed by the Commission, which has not indicated that it wishes to withdraw its action despite the Irish Government's request for a stay, is thus established, and it is appropriate to grant the form of order sought.
Conclusion
11. On those grounds, it is proposed that the Court:
- declare that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market, or in any event by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under that Directive;
- order Ireland to pay the costs.