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Opinion of Mr Advocate General Alber delivered on 14 September 2000. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil its obligations - Failure to implement Directive 97/51/EC. # Case C-422/99.
ECLI:EU:C:2000:450
61999CC0422
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Important legal notice
61999C0422
European Court reports 2000 Page I-10651
Opinion of the Advocate-General
(1) declare that, by failing to adopt or, in any event, by failing to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Directive 97/51/EC of the European Parliament and of the Council of 6 October 1997 amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications, the Italian Republic has failed to fulfil its obligations under that directive;
(2) order the Italian Republic to pay the costs.
3. Since the Commission had not been informed within the prescribed period of any measures transposing the Directive into Italian law and since it had no information from which to conclude that Italy had fulfilled that obligation, on 25 August 1998, it initiated the procedure laid down in Article 169 of the EC Treaty (now Article 226 EC) by sending a letter of formal notice.
6. By letter of 12 April 1999, the Italian Republic communicated to the Commission a draft decree which, inter alia, implemented Directive 97/51.
8. The Italian Government does not deny the Treaty infringement, but it points out that a draft (Italian) regulation has been sent to the Commission, for information, and to the Italian Council of State, for its opinion. Before taking a view, the Council of State deemed it necessary to seek opinions from the Autorità per le Garanzie nelle Comunicazioni (Communications Authority) and the Autorità Garante della Concorrenza e del Mercato (Competition Authority).
10. Therefore, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with the Directive, Italy has failed to fulfil its obligations under Article 3(1) of Directive 97/51.
11. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since Italy has been unsuccessful, it must be ordered to pay the costs.
Conclusion
12. Consequently, I propose that the Court:
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 97/51/EC of the European Parliament and of the Council of 6 October 1997 amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications, the Italian Republic has failed to fulfil its obligations under that directive;
(2) order the Italian Republic to pay the costs.