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Opinion of Mr Advocate General Alber delivered on 24 January 2002. # Commission of the European Communities v Kingdom of the Netherlands. # Failure by a Member State to fulfil its obligations - Directive 97/70/EC - Failure to implement within the prescribed period. # Case C-364/00.
ECLI:EU:C:2002:53
62000CC0364
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Important legal notice
62000C0364
European Court reports 2002 Page I-04177
Opinion of the Advocate-General
1. The Commission has applied for a declaration that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, the Kingdom of the Netherlands has failed to fulfil its obligations under the Treaty.
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1999. They shall forthwith inform the Commission thereof.
5. On 10 August 1999, the Commission sent the Netherlands Government a reasoned opinion in which it stated that the provisions of Directive 97/70 had not been transposed into Netherlands law within the prescribed period. It set the Netherlands a time-limit of two months in which to remedy the Treaty infringement.
8. It is settled case-law that the merits of an action are not affected by the fact that the default concerned may have been remedied after the expiry of the period prescribed in the reasoned opinion. Therefore, even if the provisions in question had, in the meantime, been adopted, that would not militate against a declaration that the Member State in question had failed to fulfil its obligations under the Treaty. Since the Netherlands Government does not dispute the Commission's allegation, the Commission's application must, accordingly, be granted.
Conclusion
10. For the reasons set out above, I propose that the Court should:
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, the Kingdom of the Netherlands has failed to fulfil its obligations under the Treaty and that directive;
(2) order the Kingdom of the Netherlands to pay the costs.