EUR-Lex -  62001CC0107 - EN - Opinion of Mr Advocate General Jacobs delivered on 25 October 2001. - Commission of the European Communities v Grand-duché de Luxembourg. - Failure by a Member State to fulfil its obligations - Directive 98/76/EC - Failure to transpose within the prescribed period. - Case C-107/01.

Opinion of the Advocate-General

1. In this case the Commission seeks a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations, or in any event by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to comply with its obligations under the Directive.

2. Under Article 2 of Directive 98/76, Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 1 October 1999 and forthwith to inform the Commission thereof.

3. In its defence, Luxembourg states that a draft law transposing the Directive and two draft grand-ducal regulations have been approved by the government and have been transmitted to the bodies which must, under the Constitution, be consulted.

4. Since it appears that Luxembourg has not implemented the Directive, the Commission is entitled to the declaration which it seeks.

Conclusion

5. Accordingly, the Court should in my opinion:

(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations, or in any event by failing to inform the Commission thereof, the Grand Duchy of Luxembourg has failed to comply with its obligations under the Directive;

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

Full & Egal Universal Law Academy