Case C-183/01: Action brought on 27 April 2001 by the Commission of the European Communities against the Hellenic Republic
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, animal nutrition, food additive, foodstuffs legislation

C 200/48

EN

Official Journal of the European Communities

14.7.2001

22 March 2001, received at the Court Registry on 26 April
2001,
for a preliminary ruling in the case of Saatgut-
Treuhandverwaltungs GmbH against Werner Jäger on the
following questions:

1.

Can

(a)

(b)

(c)

a limited company (GmbH) established under Ger-
man law be an ‘organisation of holders’ within the
meaning of Article 3(2) of Commission Regulation
(EC) No 1768/95 (1) of 24 July 1995, and can

such a company invoke, pursuant to Article 3(2),
the rights deriving from Article 3(1) of the above-
mentioned regulation even in respect of holders
who are not shareholders in it but members of an
association which is a shareholder, and can

such a company invoke, pursuant to Article 3(2),
the rights deriving from Article 3(1) of the above-
mentioned regulation (for a consideration) even in
respect of holders who are neither shareholders nor
members of an association which is a shareholder?

2. Must the sixth indent of Article 14(3) of Council Regu-
lation (EC) No 2100/94 of 27 July 1994 (2) , read in
conjunction with Article 8 of Commission Regulation
(EC) No 1768/95, be interpreted as meaning that the
holder of a plant variety right protected under Regulation
No 2100/94 can request the information referred to
in the abovementioned provisions from any farmer,
irrespective of whether or not there is any indication that
he has carried out an act of use in respect of the
variety in question under Article 13(2) of Regulation
No 2100/94, or at least otherwise used the variety in
question on his holding?

The Commission claims that the Court should:

— declare that, by not adopting within the time-limits laid
down the laws, regulations and administrative provisions
necessary to comply with Council Directive 96/51/EC (1)
of 23 July 1996 amending Directive 70/524/EEC con-
cerning additives in feedingstuffs, the Hellenic Republic
has failed to fulfil its obligations under the Treaty and
that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpo-
ration of the directive at issue into Greek law.

(1) OJ L 235, 17.9.1996, p. 39.

(1) OJ L 173 of 25.7.1995, p. 14.
(2) OJ L 227 of 1.9.1994, p. 1.

Action brought on 27 April 2001 by the Commission of
the European Communities against the Hellenic Republic

(Case C-183/01)

(2001/C 200/85)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 27 April
2001 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Commission Legal
Adviser.

Appeal brought on 27 April 2001 by Peter Hirschfeldt
against the judgment delivered on 13 February 2001 by
the Fifth Chamber of the Court of First Instance of the
European Communities in Case T-166/00 between Peter
Hirschfeldt and the European Environment Agency

(Case C-184/01 P)

(2001/C 200/86)

An appeal against the judgment delivered on 13 February
2001 by the Fifth Chamber of the Court of First Instance of
the European Communities in Case T-166/00 between Peter
Hirschfeldt and the European Environment Agency was
brought before the Court of Justice of the European Communi-
ties on 27 April 2001 by Peter Hirschfeldt, represented by
Jean-Noël Louis and Véronique Peere, of the Brussels Bar, with
an address for service in Luxembourg.