Judgment of the Court of 18 January 1990. - Commission of the European Communities v Hellenic Republic. - Failure by a Member State to fulfil its obligations - Failure to transpose into internal law Directive 74/562/EEC - Access to the occupation of road passenger transport operator. - Case C-287/87.



European Court reports 1990 Page I-00125

Pub.RJ Page Pub somm



Summary

Parties

Operative part



Keywords

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1.Action for a declaration that a Member State has failed to fulfil its obligations - Subject-matter of the dispute - Determined by the reasoned opinion - Period of time allowed to the Member State - Subsequent termination of the infringement - Interest in pursuing the action - Possible liability of the Member State

( EEC Treaty, Art . 169 )

2.Member States - Obligations - Infringement - Justification - Not permissible

( EEC Treaty, Art . 169 )

Summary

1.The object of an action under Article 169 of the Treaty is established by the Commission' s reasoned opinion, and even when the default has been remedied after the time-limit prescribed by paragraph 2 of that article, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur as a result of its default as regards other Member States, the Community or private parties ( see judgment of 7 February 1973 in Case 39/72 Commission v Italy (( 1973 )) ECR 101 ).

2.In accordance with consistent case-law, a Member State may not plead provisions, practices or situations of its internal legal system in order to justify a failure to comply with obligations and time-limits prescribed by Community directives .

Parties

In Case C-287/87

Commission of the European Communities, represented by D . Gouloussis, Legal Adviser, and T . Christoforou, a member of the Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of the Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by N . Frangakis, Legal Adviser at the Greek Permanent Representation with the European Communities in Brussels, and by Evi Skandalou, lawyer in the European Communities' Department of the Ministry of Foreign Affairs, 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 omitting to adopt and communicate to the Commission within the prescribed period the laws, regulations and administrative provisions necessary in order to comply with Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations ( Official Journal 1974, L 308, p . 23 ), as amended by Council Directive 80/1179/EEC of 4 December 1980 ( Official Journal 1980, L 350, p . 42 ), the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty,

THE COURT

composed of : O . Due, President, Sir Gordon Slynn, C . N . Kakouris and F . A . Schockweiler, Presidents of Chambers, G . F . Mancini, R . Joliet, T . F . O' Higgins, G . C . Rodríguez Iglesias and M . Diez de Velasco, Judges,

hereby :

Operative part

( 1)Declares that, by omitting to adopt and to communicate to the Commission within the prescribed period the laws, regulations and administrative provisions necessary in order to comply with Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations, as amended by Council Directive 80/1179/EEC of 4 December 1980, the Hellenic Republic has failed to fulfil its obligations under the Treaty;

( 2)Orders the Hellenic Republic to pay the costs .