Opinion of the Advocate-General
1 In this case the Commission seeks a declaration, under Article 169 of the EC Treaty, that Greece has failed to comply with its obligations under the Treaty by not adopting within the prescribed period and/or by not communicating to the Commission the measures necessary to implement Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. (1)
2 Directive 92/43 lays down a series of measures designed to maintain or restore natural habitats and species of wild fauna and flora of Community interest.
3 Article 23(1) of the Directive provides that:
`Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification. They shall forthwith inform the Commission thereof.'
4 Greece has not disputed its failure to implement the Directive but refers to certain technical difficulties. It is well established by the Court's case-law that a Member State cannot rely on such difficulties in proceedings of this kind.
5 It follows that the Commission is entitled to the declaration which it seeks.
Conclusion
6 Accordingly I am of the opinion that the Court should:
(1) declare that, by failing to adopt within the prescribed period the provisions necessary to implement Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Greece has failed to fulfil its obligations under the Treaty;
(2) order Greece to pay the costs of these proceedings.
(1) - OJ 1992 L 206, p. 7.
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