Judgment of the Court (Fifth Chamber) of 29 June 1995. - Commission of the European Communities v Hellenic Republic. - Failure to fulfil obligations - Non-transposition of Directives 90/219/EEC and 90/220/EEC - Genetically modified organisms. - Case C-170/94.



European Court reports 1995 Page I-01819



Parties

Grounds

Decision on costs

Operative part



Keywords

++++

Member States ° Obligations ° Implementation of directives ° Failure to fulfil obligations not denied

(EC Treaty, Art. 169)

Parties

In Case C-170/94,

Commission of the European Communities, represented by Maria Kontou-Durande, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by Panagiotis Mylonopoulos, Legal Assistant in the Special Department for Contentious Community Affairs of the Ministry of Foreign Affairs, and by Nana Dafniou, secretary in the same department, both acting as Agents, with an address for service in Luxembourg at the Greek Embassy, 117 Val Sainte Croix,

defendant,

APPLICATION for a declaration that, by failing to adopt, or not notifying within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ 1990 L 117, p. 1) and Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ 1990 L 117, p. 15), the Hellenic Republic has failed to fulfil its obligations under the EC Treaty,

THE COURT (Fifth Chamber),

composed of: C. Gulmann, President of the Chamber, P. Jann, J.C. Moitinho de Almeida, D.A.O. Edward and L. Sevón (Rapporteur), Judges,

Advocate General: F.G. Jacobs,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 4 May 1995,

gives the following

Judgment

Grounds

1 By application lodged at the Court Registry on 20 June 1994, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt, or not notifying within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ 1990 L 117, p. 1) and Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ 1990 L 117, p. 15), the Hellenic Republic had failed to fulfil its obligations under the EC Treaty.

2 Article 22 of Directive 90/219 provides that the Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with this directive by 23 October 1991. Article 23 of Directive 90/220 provides that the measures of transposition must be brought into force before 23 October 1991. Both articles require the Member States immediately to inform the Commission of the implementing provisions adopted.

3 Not having been notified of the measures of transposition adopted and not having any other information enabling it to conclude that the Hellenic Republic had satisfied its obligation to bring the necessary provisions into force within the prescribed period, the Commission, by letter of 20 May 1992, required the Hellenic Republic to submit its observations within a period of two months, pursuant to the first paragraph of Article 169 of the Treaty. By letter of 14 September 1992, the Hellenic Republic indicated to the Commission that the measures necessary to comply with the directives were in the course of preparation.

4 On 25 May 1993 the Commission sent a reasoned opinion to the Hellenic Republic asking it to adopt the measures required to comply with that opinion within a period of two months. The Commission received no reply. Subsequently, the Commission sought to obtain information in a meeting with the Greek authorities which replied that the measures of transposition were in the course of being drawn up. The Commission then brought this action.

5 Referring to Article 22 of Directive 90/219 and Article 23 of Directive 90/220 and to the first paragraph of Article 5 and the third paragraph of Article 189 of the Treaty, the Commission contends in its application that the Hellenic Republic should have taken the measures necessary to comply with the directives in question within the prescribed periods and that in not doing so it has failed to fulfil its obligations.

6 Although it claims that the application should be dismissed, the Hellenic Republic does not contest the fact that the directives were not transposed within the prescribed periods. Lastly, in its rejoinder, it merely indicates that the Greek administration has set up a committee composed of representatives of all the authorities jointly responsible and of the scientific world in order to draw up two draft decrees for implementing the directives. It attaches those two drafts to its pleading.

7 Since the directives were not transposed within the prescribed periods, the Court must declare the Hellenic Republic to be in breach of its obligations as claimed by the Commission.

8 Consequently, in not adopting within the prescribed periods the laws, regulations and administrative provisions necessary to comply with Directive 90/219 and Directive 90/220, the Hellenic Republic has failed to fulfil its obligations under the Treaty.

Decision on costs

Costs

9 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. The Commission has applied for the Hellenic Republic to be ordered to pay the costs. Since the Hellenic Republic has failed in its defence, it must be ordered to pay the costs.

Operative part

On those grounds,

THE COURT (Fifth Chamber)

hereby:

1. Declares that in not adopting within the prescribed periods the laws, regulations and administrative provisions necessary to comply with Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms and Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty;

2. Orders the Hellenic Republic to pay the costs.