Opinion of the Advocate General — ECLI:EU:C:2000:295
Date: 2000-06-06
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Greece

Summary of the Judgment 
1. Acts of the institutions — Directives — Implementation by Member States — Need 
for full transposition — Activity referred to in a directive not existing in a Member 
State — Irrelevant 
(EC Treaty, Art. 189, third para, (now Art. 249 EC, third para.)) 
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SUMMARY — CASE C-214/98 
2. Agriculture — Approximation of laws on health policy — Financing of health 
inspections and controls of fresh meat — Directives 85/73 and 93/118 — Fee 
levels — Reduction of standard Community amounts to the level of the actual costs 
of inspection — Obligation on the Member States to justify that reduction auto­
matically — None 
(Council Directive 85/73, Art. 2(5), as amended by Directive 93/118; Council 
Directive 93/118, annex) 
1. The fact that an activity referred to in a 
directive does not exist in a particular 
Member State cannot release that State 
from its obligation to adopt laws or 
regulations in order to ensure that all 
the provisions of the directive are 
properly transposed. 
(see para. 22) 
2. Chapter I of the annex to Directive 
93/118 amending Directive 85/73 on 
the financing of health inspections and 
controls of fresh meat and poultrymeat 
does not include any provision such as 
to give rise to an obligation on the 
Member States to communicate to the 
Commission the information to justify 
a reduction in the level of the Commu­
nity fees. 
(see para. 36) 
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