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Opinion of Mr Advocate General Léger delivered on 20 September 2001. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Failure to transpose Directive 98/51/EC. # Case C-148/00.
ECLI:EU:C:2001:473
62000CC0148
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Important legal notice
62000C0148
European Court reports 2001 Page I-09823
Opinion of the Advocate-General
In this action the Commission of the European Communities seeks a declaration that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 98/51/EC, the Italian Republic has failed to fulfil its obligations under that directive.
According to its settled case-law, the Court of Justice considers that, in an action under Article 226 EC, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion.
In this case it is clear from the documents before the Court that, at the end of the period of two months fixed by the reasoned opinion, that is 14 September 1999, the Italian Republic had not adopted the laws, regulations and administrative provisions necessary to comply with Directive 98/51. The Italian Government does not dispute that fact.
Conclusion
Therefore, I suggest that the Court should uphold the Commission's action and declare that:
By failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 98/51/EC of the Commission of 9 July 1998 laying down certain measures for implementing Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector the Italian Republic has failed to fulfil its obligations under Article 10(1) of the directive.
The Italian Republic is ordered to pay the costs.