EUR-Lex -  61997CC0324 - EN - Joined opinion of Mr Advocate General Fennelly delivered on 18 June 1998. - Commission of the European Communities v Italian Republic. - Case C-324/97. - Commission of the European Communities v Kingdom of Belgium. - Case C-326/97. - Failure of a Member State to fulfil its obligations - Directive 95/27/EC - Failure to transpose within the precribed period.

Opinion of the Advocate-General

1 The present Opinion concerns two uncontested infringement actions by the Commission against Italy and Belgium, respectively, for their failure to comply with Article 2 of European Parliament and Council Directive 95/27/EC of 29 June 1995 amending Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders (hereinafter `the Directive'). (1)

2 Article 2 of the Directive provides that Member States shall bring into force the measures necessary to comply with the Directive by 31 December 1995. As the Commission had received no notification of such measures from either Member State by the deadline set, it initiated the procedure provided in Article 169 of the Treaty establishing the European Community (hereinafter `the Treaty') against each of them by sending a formal letter of complaint on 27 February 1996. As neither Member State replied, the Commission issued a reasoned opinion in each case on 5 March 1997, and initiated proceedings before the Court on 15 September 1997, by applications which were both registered at the Court on 17 September 1997.

3 Neither Member State has contested the infringement alleged. In their respective statements in defence, Italy has undertaken to expedite the process for the adoption of a regulation to implement the Directive, while Belgium has indicated that the transposition procedure has entered into its final phase.

Conclusion

4 In these circumstances, I would recommend that:

- in Case C-324/97, the Court declare that, by failing to adopt or communicate to the Commission the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 95/27/EC of 29 June 1995 amending Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders by 31 December 1995, the Italian Republic has failed to comply with its obligations under this Directive and Articles 189 and 5 of the Treaty establishing the European Community, and order the Italian Republic to pay the costs; and

- in Case C-326/97, the Court make a similar declaration and order against the Kingdom of Belgium.

(1) - OJ 1995 L 168, p. 14.

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