JUDGMENT OF THE COURT (Sixth Chamber)

22 October 1998 (1)

(Failure of a Member State to fulfil its obligations — Directive 94/26/EC —Failure to transpose within the prescribed period)

In Case C-26/98,

Commission of the European Communities, represented by Hans ChristianStøvlbæk, of its Legal Service, and Michael Shotter, a national civil servantseconded to the Commission's Legal Service, acting as Agents, with an address forservice in Luxembourg at the office of Carlos Gómez de la Cruz, of its LegalService, Wagner Centre, Kirchberg,

applicant,

v

Ireland, represented by Michael A. Buckley, Chief State Solicitor, acting as Agent,with an address for service in Luxembourg at the Irish Embassy, 28 Route d'Arlon,

defendant,

APPLICATION for a declaration that, by failing to adopt, or by failing to notify,within the prescribed period the laws, regulations and administrative provisionsnecessary to comply with Commission Directive 94/26/EC of 15 June 1994 adaptingto technical progress Council Directive 79/196/EEC on the approximation of thelaws of the Member States concerning electrical equipment for use in potentially

explosive atmospheres employing certain types of protection (OJ 1994 L 157,p. 33), Ireland has failed to fulfil its obligations under that directive,

THE COURT (Sixth Chamber),

composed of: P.J.G. Kapteyn, President of the Chamber, G. Hirsch, G.F. Mancini,H. Ragnemalm (Rapporteur) and R. Schintgen, Judges,

Advocate General: S. Alber,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 25 June 1998,

gives the following

Judgment

1.

    By application lodged at the Court Registry on 29 January 1998, the Commissionof the European Communities brought an action under Article 169 of the ECTreaty for a declaration that, by failing to adopt, or by failing to notify, within theprescribed period the laws, regulations and administrative provisions necessary tocomply with Commission Directive 94/26/EC of 15 June 1994 adapting to technicalprogress Council Directive 79/196/EEC on the approximation of the laws of theMember States concerning electrical equipment for use in potentially explosiveatmospheres employing certain types of protection (OJ 1994 L 157, p. 33,hereinafter 'the Directive‘), Ireland had failed to fulfil its obligations under thatdirective.

2.

    Article 2(1) of the Directive provides that Member States are to bring into forcethe necessary provisions in order to comply with the Directive not later than 31March 1995 and are to inform the Commission thereof forthwith.

3.

    Since it had not been informed of any measures transposing the Directive by theexpiry of the period laid down therein, the Commission on 2 August 1995 sent theIrish Government a letter of formal notice.

4.

    By letter of 27 February 1996 the Irish Government informed the Commission thatno measures necessary to transpose the Directive had yet been adopted.

5.

    The Commission consequently, on 30 September 1996, sent a reasoned opinionrequesting the Irish Government to take the necessary measures to comply with itsobligations under the Directive within two months from notification of the opinion.

6.

    By letter of 27 March 1997 the Irish Government informed the Commission thatthe measures necessary to transpose the Directive would probably be completedby September 1997.

7.

    When it did not, however, receive any indication that the transposition procedurehad been completed, the Commission brought the present action.

8.

    Ireland does not dispute the failure to fulfil obligations, but states that thetransposition procedure is in progress and should soon be completed.

9.

    Since the Directive has not been transposed within the period laid down therein,the action brought by the Commission must be held to be well founded.

10.

    It must therefore be held that, by failing to adopt within the prescribed period thelaws, regulations and administrative provisions necessary to comply with theDirective, Ireland has failed to fulfil its obligations under that directive.

Costs

11.

    Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to beordered to pay the costs if they have been applied for in the successful party'spleadings. Since the Commission has applied for costs to be awarded againstIreland and the latter has been unsuccessful, Ireland must be ordered to pay thecosts.

On those grounds,

THE COURT (Sixth Chamber),

hereby:

1.

    Declares that, by failing to adopt within the prescribed period the laws,regulations and administrative provisions necessary to comply withCommission Directive 94/26/EC of 15 June 1994 adapting to technicalprogress Council Directive 79/196/EEC on the approximation of the laws ofthe Member States concerning electrical equipment for use in potentiallyexplosive atmospheres employing certain types of protection, Ireland hasfailed to fulfil its obligations under that directive;

2.

    Orders Ireland to pay the costs.

Kapteyn Hirsch Mancini Ragnemalm Schintgen

Delivered in open court in Luxembourg on 22 October 1998.

R. Grass

P.J.G. Kapteyn

Registrar

President of the Sixth Chamber

1: Language of the case: English.