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Opinion of Mr Advocate General Léger delivered on 16 January 2003. # Commission of the European Communities v Kingdom of Spain. # Failure by a Member State to fulfil its obligations - Directive 98/81/EC - Failure to transpose within the prescribed period. # Case C-333/01.
ECLI:EU:C:2003:29
62001CC0333
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OPINION OF ADVOCATE GENERAL
LÉGER delivered on 16 January 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 98/81/EC – Failure to transpose within the prescribed period))
Conclusion
4. Accordingly, I suggest that the Court should:
(1) declare that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 98/81/EC of 26 October 1998 amending Directive 90/219/EEC on the contained use of genetically modified micro-organisms, the Kingdom of Spain has failed to fulfil its obligations under that directive;
(2) order the Kingdom of Spain to pay the costs.
Original language: French.
OJ 1998 L 330, p. 13.
See, particularly, Case C-71/99 Commission v Germany [2001] ECR I-5811, paragraph 29, and Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13.