Case C-333/01: Action brought on 6 September 2001 by Commission of the European Communities against Kingdom of Spain
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, genetically modified organism, preparation for market, public health

C 317/14

EN

Official Journal of the European Communities

10.11.2001

The Applicant claims that the Court should:

Pleas in law and main arguments

(1) declare that by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 1999/28/EC (1) of 21 April 1999
amending the Annex to Council Directive 92/14/EEC (2)
on the limitation of the operation of aeroplanes covered
by Part II, Chapter 2, Volume 1 of Annex 16 to the
Convention on International Civil Aviation or, in any
event, by failing to inform the Commission of those
measures, Ireland has failed to fulfil its obligations under
that Directive;

(2) order Ireland to pay the costs.

The Hellenic Republic contends that a financial correction has
been imposed upon it unlawfully in the cotton, olive oil, grape
and sheepmeat and goatmeat sectors.

The Hellenic Republic contends that the proposed financial
correction should be annulled on the following grounds: the
applicable regulations were misinterpreted and misapplied;
there was error as to the facts and the facts were incorrectly
assessed; the statement of reasons is defective, insufficient and
vague; and the principle of proportionality was infringed and
the Commission exceeded the limits of its discretion.

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-323/01 (3); the time-limit for transposition expired
on 1 September 1999.

(1) OJ L 118, 6.5.1999, p. 53.
(2) OJ L 76, 23.3.1992, p. 21.
(3) See page 12 of this Official Journal.

Action brought on 6 September 2001 by the Hellenic
Republic against the Commission of the European Com-
munities

(Case C-332/01)

(2001/C 317/24)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 6 September 2001 by the Hellenic Republic,
represented by Vasilios Kontolaimos, Legal Adviser in the State
Legal Service, and Ioannis Khalkias, Member of that Service,
with an address for service in Luxembourg at the Greek
Embassy, 117 Val Sainte-Croix.

The applicant claims that the Court should:

— annul or, in the alternative, amend Commission Decision
C(2001) 1795 final of 11 July 2001 excluding from
Community financing certain expenditure incurred by
the Member States under the Guarantee Section of the
EAGGF.

Action brought on 6 September 2001 by Commission of
the European Communities against Kingdom of Spain

(Case C-333/01)

(2001/C 317/25)

An action against the Kingdom of Spain was brought before the
Court of Justice of the European Communities on 6 September
2001 by the Commission of the European Communities,
represented by Gregorio Valero Jordana, of the Legal Service,
acting as Agent, with an address for service care of Luis
Escobar Guerrero, also of the Commission Legal Service,
Wagner Centre, Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Council Directive 98/81/EC of 26 October 1998
amending Directive 90/219/EEC on the contained use of
genetically modified micro-organisms (1), or, in any event,
by having failed to communicate such provisions to the
Commission, the Kingdom of Spain has failed to fulfil its
obligations under that directive; and

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-323/01 (2); the time limit for implementation expired
on 5 June 2000.

(1) OJ L 330 of 5.12.1998, p. 13.
(2) See page 12 of this Official Journal.