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Opinion of Mr Advocate General Jacobs delivered on 16 November 1999. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Directive 93/104/EC - Organisation of working time - Failure to transpose into national law. # Case C-386/98.
ECLI:EU:C:1999:555
61998CC0386
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61998C0386
European Court reports 2000 Page I-01277
Opinion of the Advocate-General
2. Article 18(1)(a) of the directive provides that Member States are to adopt the laws, regulations and administrative provisions necessary to comply with the directive by 23 November 1996 or to ensure by that date that the two sides of industry establish the necessary measures by agreement, with Member States being obliged to take any necessary steps to enable them to guarantee at all times that the provisions laid down by the directive are fulfilled.
5. In those circumstances the Commission's application is well founded.
Conclusion
(1) declare that, by not adopting the laws, regulations and administrative provisions needed to implement Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, or by not informing the Commission thereof, the Italian Republic has failed to fulfil its obligations under the Treaty and under that directive;
(2) order the Italian Republic to pay the costs.