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Opinion of Mr Advocate General Alber delivered on 25 October 2001. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure by a Member State to fulfil obligations - Incomplete transposition of Directive 97/11/EC. # Case C-366/00.
ECLI:EU:C:2001:587
62000CC0366
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Important legal notice
62000C0366
European Court reports 2002 Page I-01749
Opinion of the Advocate-General
4. 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 time-limit prescribed by the reasoned opinion. The subject-matter of the action is the Commission's reasoned opinion. Even when the default is remedied after the time-limit prescribed by Article 226(2) EC has expired, there is still an interest in pursuing the action, in order to establish the basis of liability which a Member State may incur, as a result of its default towards other Member States, the Community or individuals.
Conclusion
(1) by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to transpose Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the EC Treaty;
(2) the Grand Duchy of Luxembourg is to pay the costs.