Case C-64/01: Action brought on 13 February 2001 by the Commission of the European Communities against the Hellenic Republic
Date: 2001-04-07
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, air quality, industrial pollution, pollution control measures

C 108/10

EN

Official Journal of the European Communities

7.4.2001

— annul the express rejection of the complaint
lodged by the appellant on 18 May 1998,
notified to him by registered letter of
10 December 1998;

(c)

order, in any event, the defendant to pay all the
costs both at first instance and in the present appeal.

Pleas and main arguments

Infringement of Community law, in particular Article 33 of
the Statute of the Court of Justice, given that the obligation to
provide reasons implies, in particular, that the grounds relied
on are admissible in law, that is to say adequate, relevant, free
of errors of law and fact and consistent.

Pleas in law and main arguments

The Member States are required by the binding character of
the third paragraph of Article 249 and Article 10 EC (ex third
paragraph of Article 189 and Article 5 of the EC Treaty) to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That time-limit expired on 30 October
1999 without the Hellenic Republic having notified to the
Commission the provisions transposing the directive in ques-
tion into national law.

(1) OJ L 257, 10.10.1996, p. 26.

Appeal brought on 14 February 2001 by Committee of
the Cotton and Allied Textile Industries of the European
Union (Eurocoton) and others against the judgment
delivered on 29 November 2000 by the Second Chamber,
Extended Composition, of the Court of First Instance of
the European Communities in case T-213/97 (1) between
Committee of the Cotton and Allied Textile Industries of
the European Union (Eurocoton) and others and Council
of the European Union, supported by United Kingdom

(Case C-76/01 P)

(2001/C 108/15)

An appeal against the judgment delivered on 29 November
2009 by the Second Chamber, Extended Composition, of the
Court of First Instance of the European Communities in case
T-213/97 between Committee of the Cotton and Allied Textile
Industries of the European Union (Eurocoton) and others and
Council of the European Union, supported by United Kingdom,
was brought before the Court of Justice of the European
Communities on 14 February 2001 by Committee of the
Cotton and Allied Textile Industries of the European Union
(Eurocoton), established in Brussels, Belgium, Ettlin Gesell-
schaft für Spinnerei und Weberei AG, established in Ettlingen,
Germany, Textil Hof Weberei GmbH & Co. KG, established in
Hof, Germany, H. Hecking Söhne GmbH & Co., established in
Stadtlohn, Germany, Spinnweberei Uhingen GmbH, estab-
lished in Uhingen, Germany, F.A. Kümpers GmbH & Co.,
established in Rheine, Germany, Tenthorey SA, established in
Eloyes, France, Les Tissages des Héritiers de G. Perrin —
Groupe Alain Thirion (HPG-GAT Tissages), established in
Comimont, France, E´ tablissements des Fils de Victor Perrin
SARL, established in Thiéfosse, France, Filatures et Tissages de
Saulxures-sur-Moselotte, established in Saulxures-sur-Moselot-
te, France, Tissage Mouline Thillot, established in Thillot,
France, Filature Niggeler & Küpfer SpA, established in Capriolo,
Italy, Standardtela SpA, established in Milan, Italy, represented
by Clive Stanbrook QC and Philip Bentley QC, with an address
for service in Luxembourg.

Action brought on 13 February 2001 by the Commission
of the European Communities against the Hellenic Repub-
lic

(Case C-64/01)

(2001/C 108/14)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 13 Febru-
ary 2001 by the Commission of the European Communities,
represented by Richard Wainwright, Principal Legal Adviser,
and Panagiotis Panagiotopoulos, a national civil servant on
secondment to its Legal Service.

The Commission claims that the Court should:

1.

declare that, by failing to adopt and to notify to the
Commission, within the time-limit laid down, the laws,
regulations and administrative provisions necessary to
comply fully with Council Directive 96/61/EC of 24 Sep-
tember 1996 (1) concerning integrated pollution preven-
tion and control, the Hellenic Republic has failed to fulfil
its obligations under the EC Treaty;

2.

order the Hellenic Republic to pay the costs.