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Opinion of Mr Advocate General Léger delivered on 11 January 2000. # Commission of the European Communities v Hellenic Republic. # Failure by a Member State to fulfil its obligations - Non-transposition of Directive 94/62/EC. # Case C-123/99.
ECLI:EU:C:2000:5
61999CC0123
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Important legal notice
61999C0123
European Court reports 2000 Page I-02881
Opinion of the Advocate-General
5. Since the Greek Government did not respond to that letter, the Commission, on 2 October 1997, sent it a reasoned opinion requiring it to comply with the Directive within a period of two months.
7. The Commission brought this action on 13 April 1999.
8. Although the Hellenic Republic submits that the action should be dismissed, it does not dispute the accusation levelled against it. In its defence, it observes that the measure transposing the Directive is to be signed within a short time by the competent ministers prior to being submitted to the Parliament.
10. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they were applied for in the successful party's pleadings. Since the Hellenic Republic has been unsuccessful, it must be ordered to pay the costs, in accordance with the Commission's pleadings to that effect.
Conclusion
(1) By failing to bring into force within the prescribed period the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, the Hellenic Republic has failed to fulfil its obligations under Article 22(1) of that directive.
(2) The Hellenic Republic is ordered to pay the costs.