Opinion of the Advocate General — ECLI:EU:C:1999:543
Date: 1999-10-28
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

summary of Article 4(1) of the Directive given at the outset of its application that the Commission does not seek - as it could not - any declaration regarding the obligations which are set out in Section I of Chapter III of Annex A to the Directive, in respect of which the Member States had a period for compliance extending to 1 July 1999. Although the declaration sought is in general terms, it is clear that the latter must be excluded from the subject-matter of these proceedings. (3) 5. In its defence, the Greek Government requests the Court to dismiss the action. It states that a provision has been inserted in a draft law, which has already been signed, permitting the Ministers for Finance and for Agriculture to issue joint decrees, whether or not pursuant to acts of the institutions of the European Union, imposing charges for veterinary inspections and controls, fixing the amount of such charges, identifying the persons subject to pay such charges and the authorities which are to collect them, specifying the use to which such charges are to be put and regulating all other incidental matters. 6. This does not appear to me to constitute an adequate defence to the Commission's action. The Greek Government has not indicated that the provision in question has entered into force, or had done so at the expiry either of any of the various implementation dates specified for different parts of the Directive or of the period fixed in the reasoned opinion. Its description as a provision of a 'draft law clearly implies the contrary. 7. As the Commission has, in my view, successfully proved its case regarding the Hellenic Republic's non-compliance with its obligation to transpose the Directive, with the exception of Section I of Chapter III of Annex A thereof, it should be awarded its costs pursuant to Article 69(2) of the Rules of Procedure of the Court of Justice. Conclusion 8. In the light of the foregoing, I propose that the Court: - Declare that, by not adopting the legislative, regulatory and administrative measures necessary to comply with its obligations under Article 4(1), paragraphs (i), (ii) and (iii) of Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC, the Hellenic Republic has failed to fulfil its obligations under the Treaty; - Order the Hellenic Republic to pay the costs of these proceedings. 1: Original language: English. 2: - OJ 1996 L 162, p. 1. 3: - See Case 31/69 Commission v Italy [1970] ECR 25, paragraphs 11 to 14.