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Opinion of Mr Advocate General Léger delivered on 10 January 2002. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil its obligations - Failure to transpose Directive 96/61/EC. # Case C-64/01.
ECLI:EU:C:2002:12
62001CC0064
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Important legal notice
62001C0064
European Court reports 2002 Page I-02523
Opinion of the Advocate-General
3. Since the Hellenic Republic failed to notify the Commission of any measures adopted in order to comply with the Directive, the Commission requested it, in letter of formal notice No SG (2000) D/101634 of 18 February 2000, to submit its observations within a period of two months.
5. The Hellenic Republic contends that the Court should dismiss the present proceedings and order the Commission to pay the costs. It points out that the Directive is being transposed into national law in two stages. First, it is adopting an interministerial decision transposing Articles 1 to 3, 7, 11, 15, 16, 18 and 20 of the Directive. The final draft of that decision is to be sent to the Commission during April 2001. The other articles of the Directive, which are linked to Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, are to be transposed during the second stage, which is to be completed before the end of 2001.
The failure to fulfil obligations
7. It is to be observed that, at the expiry of the period laid down in the reasoned opinion, that is on 25 September 2000, the measures necessary for the full transposition of the Directive into domestic law had not been adopted, a fact which the Hellenic Republic does not, moreover, dispute.
8. Since the Directive was not transposed within the period laid down, the action brought by the Commission should be held to be well founded.
Conclusion
(1) By failing to adopt, within the period laid down, the laws, regulations and administrative provisions necessary to comply with Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, the Hellenic Republic has failed to fulfil its obligations under that directive.
(2) The Hellenic Republic shall pay the costs.