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Opinion of Mr Advocate General La Pergola delivered on 14 March 1996. # Commission of the European Communities v French Republic. # Failure of a Member State to fulfil its obligations - Directive 92/50/EEC. # Case C-234/95.
ECLI:EU:C:1996:108
61995CC0234
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OPINION OF ADVOCATE GENERAL
delivered on 14 March 1996 (*1)
1.By an action brought on 27 June 1995, the Commission sought a declaration by the Court that the French Republic has failed to fulfil its obligations under the EC Treaty by failing to adopt within the prescribed period the measures needed in order to comply with Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts. (1)
2.The first paragraph of Article 44(1) of the directive in question lays down 1 July 1993 as the date by which Member States were to bring into force the laws, regulations and administrative provisions needed in order to comply with the directive.
3.In this respect, it is sufficient to note that the French Government does not deny the infringement alleged against it. In its observations it has merely pointed out that a draft law intended to bring national law into line with the aforementioned directive was submitted to the Senate and that decrees were being adopted to that end. It is settled case-law (2) that this does not, however, justify a failure by a Member State to fulfil its obligations.
4.I therefore propose that the Court should uphold the application and order the defendant State, pursuant to Article 69(2) of the Rules of Procedure, to pay the costs.
(*1) Original language: Italian.
(1) OJ 1992 L 209, p. 1.
(2) See, ex multis, the judgment in Case C-147/94 Commission v Spain [1995] ECR I-1015.