CELEX: 61997CJ0386
Failure of a Member State to fulfil its obligations
Directive 95/23/EC
Failure to transpose within the prescribed period

Grounds
1 By application lodged at the Court Registry on 12 November 1997, 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 95/23/EC of 22 June 1995 amending Directive 64/433/EEC on conditions for the production and marketing of fresh meat (OJ 1995 L 243, p. 7, hereinafter `the Directive'), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and the Directive.
2 Under the first subparagraph of Article 2(1) of the Directive, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 1 July 1995 and forthwith to inform the Commission thereof.
3 Since it had not received any communication relating to the transposition of the Directive into Greek law, and had no information to show that the Hellenic Republic had fulfilled that obligation, the Commission gave formal notice to that State by letter of 27 February 1996, calling on it to submit its observations within a period of two months.
4 In the absence of any reply from the Greek authorities, the Commission, on 17 March 1997, sent a reasoned opinion to the Hellenic Republic, calling on it to take the measures necessary to comply with its obligations under the Directive within two months of its notification.
5 By letter of 17 April 1997, the Hellenic Government informed the Commission that, in order to transpose the Directive, it had prepared a draft presidential decree which had been submitted for signature.
6 Having, however, received no communication thereafter regarding the adoption of measures to transpose the Directive, the Commission brought the present proceedings.
7 The Hellenic Republic does not dispute that the Directive was not transposed within the prescribed period.
8 As the Directive was not transposed within the period prescribed therein, the Commission's action must be considered well founded.
9 Accordingly, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with the Directive, the Hellenic Republic has failed to fulfil its obligations under the Directive.
Decision on costs
Costs
10 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission applied for costs and the Hellenic Republic has been unsuccessful, the latter must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT
(Sixth Chamber)
hereby:
11 Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 95/23/EC of 22 June 1995 amending Directive 64/433/EEC on conditions for the production and marketing of fresh meat, the Hellenic Republic has failed to fulfil its obligations under that directive;
12 Orders the Hellenic Republic to pay the costs.