- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Opinion of Mr Advocate General Lenz delivered on 12 June 1997. # Commission of the European Communities v Italian Republic. # Removal from the register. # Case C-354/96.
ECLI:EU:C:1997:298
61996CC0354
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
Important legal notice
61996C0354
European Court reports 1997 Page I-06007
Opinion of the Advocate-General
In the present Treaty-infringement proceedings, the Commission claims that, by failing to adopt and/or notify the laws, regulations and administrative provisions necessary to comply with Council Directive 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings, (1) the Italian Republic has failed to fulfil its obligations under that directive and the EC Treaty.
Member States were required under Article 70(1) of that directive to adopt the laws, regulations and administrative provisions necessary to comply with it before 1 January 1994 and forthwith to inform the Commission thereof.
The defendant submits solely that Law No 146 of 22 February 1994 (2) provided for the transposition of the directive within one year of that Law's coming into force and that, after it had proved impossible to comply with that period, a further one-year period was laid down in Law No 52 of 6 February 1996 (3) following the entry into force of the 1996 Law. It states that the procedure for transposing the directive has in the meantime reached its concluding stages, since a corresponding draft has already been submitted to the Parliament.
Since the defendant does not therefore deny that it failed to transpose the directive within the prescribed period, it is unnecessary to examine the Commission's complaint regarding failure to notify it of the transposition measures adopted.
I accordingly propose that the Court rule that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings, the Italian Republic has failed to fulfil its obligations under that directive and the EC Treaty. I also propose that the Italian Republic be ordered to pay the costs of the proceedings.
(1) - OJ 1991 L 374, p. 7.
(2) - `Community Law 1993'.
(3) - `Community Law 1994' (sic).