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Opinion of Mr Advocate General Mischo delivered on 14 December 2000. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil its obligations - Failure to transpose Directive 97/52/EC. # Case C-97/00.
ECLI:EU:C:2000:702
62000CC0097
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Important legal notice
62000C0097
European Court reports 2001 Page I-02053
Opinion of the Advocate-General
3. The Commission alleges that the French authorities have transposed into national law only the provisions laid down in Articles 1(1)(a), 2(1)(a) and 3(1)(a) of the Directive, relating to the thresholds above which contract notices must be published in the Official Journal of the European Communities. It considers that, in those circumstances, it should be found that, notwithstanding expiry of the time-limit laid down, the French Republic has not yet adopted the national provisions for transposing the whole of the Directive and, in any event, has not communicated them.
6. The Commission's action should therefore be considered well founded.
Conclusion
8. In view of the foregoing considerations, I propose that the Court should rule as follows:
(1) by failing to communicate the laws, regulations and administrative provisions necessary to comply with all the provisions of European Parliament and Council Directive 97/52/EC of 13 October 1997 amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of procedures for the award of public service contracts, public supply contracts and public works contracts respectively, or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under that directive;
(2) the French Republic is to pay the costs.