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Opinion of Mr Advocate General Lenz delivered on 7 December 1995. # Commission of the European Communities v Ireland. # Failure to fulfil obligations - Directive 91/263/EEC - Failure to transpose. # Case C-239/94.
ECLI:EU:C:1995:429
61994CC0239
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OPINION OF ADVOCATE GENERAL
delivered on 7 December 1995 (*1)
1.In the present Treaty-infringement proceedings, the Commission contends that, by not implementing the laws, regulations and administrative provisions necessary to comply 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) or by not informing the Commission of the measures taken to comply with that directive, Ireland has failed to fulfil its obligations under the third paragraph of Article 189 of the EC Treaty and under Article 17 of Directive 91/263.
2.Member States were required under Article 17 of Directive 91/263 to take the measures necessary to comply with the directive by no later than 6 November 1992 and forthwith to inform the Commission thereof.
3.Ireland does not dispute the infringement with which it is charged and simply points out that the measures necessary to give effect to the directive are in the process of preparation.
4.In those circumstances, I can only propose that the Court declare that, by not implementing within the period prescribed the laws, regulations and administrative provisions necessary to comply 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, Ireland has failed to fulfil its obligations under the third paragraph of Article 189 of the EC Treaty and under Article 17 of Directive 91/263. I also propose that Ireland be ordered to pay the costs of the proceedings.
(*1) Original language: German.
(1) OJ 1991 L 128, p. 1.