CELEX: 61995CJ0380
Failure by a Member State to fulfil its obligations
Directive 91/414/EEC
Failure to transpose

Grounds
1 By application lodged at the Court Registry on 5 December 1995, 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 or administrative provisions necessary to comply with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1, hereinafter "the Directive"), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive.
2 Article 23(1) of the Directive provides that the Member States are to bring into force the measures necessary to comply with it by within no later than two years of the date of its notification, that is to say, 26 July 1993.
3 The Hellenic Republic does not deny that the Directive was not transposed within the prescribed period. It states, however, that a draft presidential decree has been drawn up by the Ministry of Agriculture, which, after finalization, will be submitted to the Council of State and then to the President of the Republic for signature.
4 Since the Directive has not been transposed within the period prescribed by Article 23 thereof, the action brought by the Commission in that regard must be regarded as well founded.
5 It must therefore be held that, by failing to adopt within the prescribed period the laws, regulations or administrative provisions necessary to comply with the Directive, the Hellenic Republic has failed to fulfil its obligations under Article 23 thereof.
Decision on costs
Costs
6 Under Article 69(2) of the Rules of Procedure the unsuccessful party is to be ordered to pay the costs. Since the Hellenic Republic has been unsuccessful, it must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Declares that, by failing to adopt within the prescribed period the laws, regulations or administrative provisions necessary to comply with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, the Hellenic Republic has failed to fulfil its obligations under Article 23 of that directive;
2. Orders the Hellenic Republic to pay the costs.