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Opinion of Mr Advocate General Darmon delivered on 8 February 1994. # Commission of the European Communities v Kingdom of Spain. # Failure to fulfil obligations - Failure to transpose a directive. # Case C-268/93.
ECLI:EU:C:1994:43
61993CC0268
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Important legal notice
61993C0268
European Court reports 1994 Page I-00947
Opinion of the Advocate-General
Mr President,
Members of the Court,
5. The Kingdom of Spain contends that the action should be dismissed, and observes that "transposition of Directive 88/320/EEC is linked to the transposition of Directive 87/18/EEC (3) because the latter constitutes a measure preliminary to the former in so far as the inspection and verification made compulsory by Directive 88/320/EEC are based on the principles laid down by Directive 87/18/EEC". (4)
7. Directive 87/18/EEC was to be transposed by 30 June 1988 and an action was brought against the Kingdom of Spain under Article 169 for failure to comply with that time-limit. (5) According to the Commission, that directive gave rise to adequate implementing measures adopted by Royal Decree 822/1993 of 28 May 1993. Following the applicant' s withdrawal, the case was removed from the register by order of the President of the Court of 22 September 1993.
"... a Member State may not plead provisions, practices or circumstances existing in its internal legal [or financial] system in order to justify a failure to comply with obligations and time-limits resulting from Community law ..." (7)
10. I would add, for the sake of completeness, that a Member State may not justify its failure to transpose one directive by its delay in adopting measures to implement an earlier directive.
11. It follows that the Commission' s claim that the Kingdom of Spain has failed to fulfil its obligations is proved. I propose, therefore, that the Court so declare and order the defendant State to pay the costs.
(*) Original language: French.
(1) - OJ 1988 L 145, p. 35.
(2) - Article 1 of the directive.
(3) - Council Directive of 18 December 1986 on the harmonization of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their application for tests on chemical substances (OJ 1987 L 15, p. 29).
(4) - Defence, p. 2 of the French translation.
(5) - Case C-294/93.
(6) - Rejoinder, p. 2 of the French translation.
(7) - Judgment in Case C-290/89 Commission v Belgium [1991] ECR I-2851, paragraph 9.