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Opinion of Mr Advocate General Tizzano delivered on 16 January 2003. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil obligations - Directive 97/43/Euratom - Health protection of individuals against the dangers of ionising radiation in relation to medical exposure - Incomplete implementation. # Case C-484/01.
ECLI:EU:C:2003:36
62001CC0484
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OPINION OF ADVOCATE GENERAL
delivered on 16 January 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 97/43/Euratom – Ionizing radiation in relation to medical exposure – Failure to transpose within the prescribed period))
5. Without denying the Commission's allegations, the French Government merely admitted in its defence that, upon the expiry of the period prescribed in the reasoned opinion, the provisions necessary for the transposition of the directive had still not all been adopted because the adoption procedure had taken longer than anticipated.
Conclusion
(1) declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 97/43/Euratom of 30 June 1997 on health protection of individuals against the dangers of ionizing radiation in relation to medical exposure, and repealing Directive 84/466/Euratom, the French Republic has failed to fulfil its obligations under that directive;
(2) order the French Republic to pay the costs.
1 – Original language: Italian.