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Opinion of Mr Advocate General Lenz delivered on 20 June 1995. # Commission of the European Communities v Hellenic Republic. # Failure to fulfil obligations - Directive 91/263/EEC - Failure to transpose. # Case C-260/94.
ECLI:EU:C:1995:195
61994CC0260
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OPINION OF ADVOCATE GENERAL
delivered on 20 June 1995 (*1)
(1)Declare that, by failing to adopt within the prescribed period the laws, regulations and administrative measures necessary to comply fully with Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, (1) and alternatively by failing to notify those measures to the Commission, the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty;
(2)Order the Hellenic Republic to pay the costs. (2)
Costs
Conclusion
7. In the light of the above considerations, I propose that the Court:
(1)Declare that, by failing to adopt within the prescribed period the necessary laws, regulations and administrative measures, the Hellenic Republic has failed to fulfil its obligations under Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity;
(2)Order the Hellenic Republic to pay the costs.
(*1) Original language: German.
(1) OJ 1991 L 128, p. 1.
(2) The wording of the application differs slightly from that published in the Official Journal, OJ 1994 C 316, p. 10.
(3) See my Opinion of 11 May 1995 in Joined Cases C-109/94, C-207/94 and C-225/94, judgment of 29 June 1995 Commission ν Greece [1995] ECR I-1791, points 10 and 11.