EUR-Lex -  61999CC0138 - EN - Opinion of Mr Advocate General Jacobs delivered on 14 October 1999. - Commission of the European Communities v Grand Duchy of Luxemburg. - Failure by a Member State to fulfil its obligations - Directive 94/56/EC - Air transport - Civil aviation - Investigation of accidents and incidents - Transposition. - Case C-138/99.

Opinion of the Advocate-General

1 In this case the Commission seeks a declaration that, by not adopting the laws, regulations and administrative provisions needed to implement Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents or incidents, (1) the Grand Duchy of Luxembourg has failed to fulfil its obligations under the directive.

2 Article 12(1) of the directive provided that Member States should bring into force the laws, regulations and administrative provisions necessary to comply with the directive not later than 21 November 1996.

3 In its Defence, lodged at the Court on 19 May 1999, the Grand Duchy of Luxembourg does not deny that it has failed to adopt the necessary measures. It explains that the reasons for the delay are exclusively procedural and refers to the procedural difficulties which have arisen.

4 In those circumstances the Commission's application is well founded.

Conclusion

5 I therefore conclude that the Court should:

(1) declare that, by not adopting the laws, regulations and administrative provisions needed to implement Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents or incidents, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the directive

(2) order the Grand Duchy of Luxembourg to pay the costs.

(1) - OJ 1994 L 319, p. 14.

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