Opinion of Advocate General Léger

Mr President,

Members of the Court,

1. By an application lodged at the Court Registry on 18 March 1994 the Commission of the European Communities requests the Court pursuant to Article 169 of the EC Treaty:

2. Article 15 of the abovementioned directive provides that the Member States must adopt the laws, regulations and administrative measures necessary to comply with the directive by 1 October 1991 at the latest and inform the Commission immediately thereof, save as regards the requirements laid down in Article 11(2) (the final date for transposition into national law in that regard is fixed as 31 December 1992), which is not relevant to this action.

3. The application was preceded by a formal letter of notice dated 20 May 1992, followed by a reasoned opinion dated 3 May 1993.

4. In the most recent document it submitted to the Court, the Kingdom of Spain challenged the well-foundedness of the action, relying on the imminent publication of a royal decree by the Council of Ministers, the draft version of which is at a very advanced stage.

5. However, even if the breach is about to be terminated it is not denied that the legislation was not in force on the expiry of the time-limit laid down in the Commission's reasoned opinion, which is the relevant date. In any event, the Court has consistently held that a Member State cannot rely on provisions, practices or circumstances in its internal legai order in order to justify failure to comply with Community law obligations.

6. It follows that the failure on the part of the Kingdom of Spain to fulfil its obligations, alleged by the Commission, has been established.

7. I therefore suggest that the Court:

1 Original language: French.

2 Directive of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedmgstuffs in the Community (OJ 1990 L 92, p. 42).

3 See Caie C-313/93 Commission v Luxembourg [1994] ECR I-1279, paragraph 10.

4 See, most recently, Case C-65/94 Commission v Belgium [1994] ECR II-4627.