OPINION OF ADVOCATE GENERAL

FENNELLY delivered on 1 February 1996 (1)

Commission v Hellenic Republic

3. Article 189 of the Treaty obliges Member States to adopt the national measures necessary to ensure the attainment of the objectives of each directive. This specific requirement is reinforced by their general duty pursuant to Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community.

4. In its defence of 20 June 1995, the Greek Government does not dispute its failure to implement the Directive within the time-limit enjoined by Article 19 thereof, but contends that its delay is due to the fact that the relevant implementing measures come within the framework of a global revision of the national law on the treatment of waste. The Government states that the relevant ministry has already drawn up a draft ministerial order which, if adopted, would implement the Directive. In its rejoinder of 8 August 1995, the Government further states that the draft in question has actually been submitted for signature to the relevant, competent ministers. However, as the Commission correctly submitted in its reply of 3 July 1995, by reference to the constant case-law of the Court, Member States may not plead practical or other internal difficulties experienced in implementing a directive so as to justify their failure to respect, within the prescribed time-limit, the obligations imposed on them by Community directives.

Conclusion

(1) declare that by not implementing within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the Hellenic Republic has failed to fulfil its obligations under the third paragraph of Article 189 of the Treaty and under Article 19 of Directive 91/271;

(2) order the Hellenic Republic to pay the costs of these proceedings.

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1 – Original language: English.

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2 – OJ 1991 L 135, p. 40.