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Opinion of Mr Advocate General Jacobs delivered on 25 October 2001. # Commission of the European Communities v Grand-duché de Luxembourg. # Failure by a Member State to fulfil its obligations - Directive 98/76/EC - Failure to transpose within the prescribed period. # Case C-107/01.
ECLI:EU:C:2001:590
62001CC0107
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Important legal notice
62001C0107
European Court reports 2001 Page I-10357
Opinion of the Advocate-General
3. In its defence, Luxembourg states that a draft law transposing the Directive and two draft grand-ducal regulations have been approved by the government and have been transmitted to the bodies which must, under the Constitution, be consulted.
4. Since it appears that Luxembourg has not implemented the Directive, the Commission is entitled to the declaration which it seeks.
Conclusion
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations, or in any event by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to comply with its obligations under the Directive;
(2) order the Grand Duchy of Luxembourg to pay the costs.