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Cite as: [1997] EUECJ C-312/96

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61996J0312
Judgment of the Court (Sixth Chamber) of 29 May 1997.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil its obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period.
Case C-312/96.
European Court reports 1997 Page I-02947

Member States - Obligations - Implementation of directives - Failure to fulfil obligations not contested
(EC Treaty, Art. 169)

In Case C-312/96,
Commission of the European Communities, represented by Hendrik van Lier, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
applicant,
v
French Republic, represented by Catherine de Salins, Deputy Director in the Legal Department of the Ministry of Foreign Affairs, and Philippe Martinet, Secretary for Foreign Affairs in the same department, acting as Agents, with an address for service in Luxembourg at the French Embassy, 9 Boulevard du Prince Henri,
defendant,
APPLICATION for a declaration that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and, in the alternative, by failing to inform the Commission forthwith of the adoption of such measures, the French Republic has failed to fulfil its obligations under the directive and in particular Article 34 thereof,
THE COURT
(Sixth Chamber),
composed of: G.F. Mancini, President of the Chamber, J.L. Murray, C.N. Kakouris, P.J.G. Kapteyn and H. Ragnemalm (Rapporteur), Judges,
Advocate General: C.O. Lenz,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 6 March 1997,
gives the following
Judgment

1 By application lodged at the Court Registry on 24 September 1996, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and, in the alternative, by failing to inform the Commission forthwith of the adoption of such measures, the French Republic had failed to fulfil its obligations under the directive and in particular Article 34 thereof.
2 The first paragraph of Article 34(1) of Directive 93/36 provides that Member States are to adopt the laws, regulations and administrative provisions necessary to comply with the directive before 14 June 1994 and immediately inform the Commission thereof.
3 On 9 August 1994, having received no notification from the French Government of measures transposing Directive 93/36, the Commission gave the Government formal notice to submit its observations within two months, pursuant to the first paragraph of Article 169 of the Treaty.
4 Having received no reply, the Commission addressed a reasoned opinion to the French Government on 10 May 1995, requiring it to adopt the necessary measures within two months of the date of notification.
5 By letter of 17 August 1995, the French authorities informed the Commission that a bill had been laid before the Senate.
6 Having received no information to the effect that the legislative process had been completed, the Commission brought the present action.
7 The French Republic does not deny the failure to fulfil its obligations and merely states that, in order to remedy the situation, a bill together with implementing decrees will be adopted shortly.
8 Since Directive 93/36 has not been transposed within the period prescribed therein, the Commission's action must be held to be well founded.
9 The Court therefore finds that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/36, the French Republic has failed to fulfil its obligations under the first paragraph of Article 34(1) of that directive.

Costs
10 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the French Republic has been unsuccessful, it must be ordered to pay the costs.

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 with Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, the French Republic has failed to fulfil its obligations under the first paragraph of Article 34(1) of that directive;
2. Orders the French Republic to pay the costs.