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Opinion of Mr Advocate General Geelhoed delivered on 5 April 2001. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure by a Member State to fulfil its obligations - Failure to implement Directive 97/36/EC amending Directive 89/552/EEC - Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities. # Case C-119/00.

ECLI:EU:C:2001:213

62000CC0119

April 5, 2001
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Important legal notice

62000C0119

European Court reports 2001 Page I-04795

Opinion of the Advocate-General

Facts

- to declare that, by not adopting the necessary laws, regulations and administrative measures to comply with Directive 97/36/EC amending Directive 89/552/EEC,

- or, in any event, by not informing the Commission of them,

the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.

4. On the basis of that information the Commission brought this case before the Court on 27 March 2000. In its defence, received at the Court on 6 June 2000, the Luxembourg Government does not contest the justification of the action so far as the lateness of the implementation of Directive 97/36 is concerned. However, it again relies on the abovementioned national draft law. It states that the delay in adopting the law is connected to its complex technical character and the necessary consultations. It expects that the law will now be adopted within a few months and that the proceedings before the Court for failure to fulfil its obligations will thus be deprived of purpose.

Failure to fulfil obligations

Conclusion

(a) declare that:

- by not adopting the necessary laws, regulations and administrative measures to comply with Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Directive 89/552/EEC of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities,

- or, in any event, by not informing the Commission of them,

the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

(b) order the Grand Duchy of Luxembourg to pay the costs, in accordance with Article 69(2) of the Rules of Procedure.

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