Case C-375/01: Action brought on 27 September 2001 by the Commission of the European Communities against Ireland
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, health legislation, ionising radiation, public health

C 348/12

EN

Official Journal of the European Communities

8.12.2001

(Federal Social Court) of 2 August 2001, received at the Court
Registry on 25 September 2001, for a preliminary ruling in
the case of Nadi Sahin against Bundesanstalt für Arbeit (Federal
Labour Office) on the following question:

1.

Is Article 41(1) of the Additional Protocol of 23 Novem-
ber 1970 to the Agreement establishing an Association
between the European Economic Community and Turkey
to be interpreted as meaning:

(a)

(b)

that a Turkish worker is entitled to plead a restriction
on the freedom to provide services which is contrary
to the Additional Protocol and, if so,

that there is also a restriction on the freedom to
the
provide services where a Member State of
Community abolishes an existing work permit
exemption for Turkish drivers engaged in inter-
national haulage who are employed by a (Turkish)
employer with its seat in Turkey?

2. Does such a restriction concern exclusively the freedom
to provide services or does it also or solely concern
conditions of access to employment within the meaning
of Article 13 of Decision No 1/80 of the Association
Council of 19 September 1980 on the development
of
the Association between the European Economic
Community and Turkey?

3.

Is Article 13 of Decision No 1/80 of the Association
Council of 19 September 1980 on the development
of
the Association between the European Economic
Community and Turkey also to be applied to Turkish
employees of an employer with its seat in Turkey who,
as long-distance lorry drivers engaged in international
haulage, regularly pass through a Member State of the
Community without belonging to the (legitimate) labour
force of that Member State?

The Commission claims that the Court should:

— 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 98/81/EC (1) of
26 October 1998 amending Directive 90/219/EEC on
the contained use of genetically modified micro-organ-
isms, the Hellenic Republic has failed to fulfil its obli-
gations under the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 of the
Treaty establishing the European Community, 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 of the Treaty, 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 incorpor-
ation of the Directive at issue into Greek law.

(1) OJ L 330, 5.12.1998, p. 13.

Action brought on 26 September 2001 by the Com-
mission of the European Communities against the Hellen-
ic Republic

Action brought on 27 September 2001 by the Com-
mission of the European Communities against Ireland

(Case C-371/01)

(2001/C 348/21)

(Case C-375/01)

(2001/C 348/22)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 Sep-
tember 2001 by the Commission of the European Communi-
ties, represented by Götz zur Hausen, Legal Adviser, and Panos
Panagiotopoulos, a national civil servant on secondment to its
Legal Service.

An action against Ireland was brought before the Court of
Justice of the European Communities on 27 September 2001
by the Commission of the European Communities, represented
by Richard Wainwright, acting as agent, with an address for
service in Luxembourg.

8.12.2001

EN

Official Journal of the European Communities

C 348/13

The Applicant requests that the Court should:

— declare that by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Council Directive 97/43/Euratom of 30 June 1997 laying
down provisions concerning health protection of individ-
uals against the dangers of ionising radiation in relation
to medical
repealing Directive
84/466/Euratom (1) or in any event by failing to com-
municate them to the Commission, Ireland has failed to
fulfil its obligations under that Directive,

exposure,

and

79/409/EEC (1) and subsequent amendments thereto and
other migratory species which regularly return to Italy,
the
and by failing to send to the Commission all
appropriate information relevant to most of the special
protection areas classified by it, the Italian Republic has
failed to fulfil its obligations under Article 4(1), (2) and
(3) of that Directive.

— Order the Italian Republic to pay the costs.

— order Ireland to pay the costs.

Pleas in law and main argument

Pleas in law and main argument

Article 249 EC under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the Directive. That period
expired on 13 May 2000 without Ireland having enacted the
provisions necessary to comply with the Directive referred to
in the conclusions of the Commission.

their obligations under Article 4 of

In spite of the efforts made by the Italian authorities to
the Directive,
fulfil
the Commission finds that the classification of the special
protection areas (SPA) still does not meet the requirements of
that provision, either in so far as concerns the species of birds
mentioned in Annex 1 to the Directive or in so far as concerns
the other species of migratory birds which return regularly.

(1) OJ L 180, 9.7.1997, p. 22.

Action brought on 2 October 2001 by the Commission
of the European Communities against the Italian Republic

(Case C-378/01)

(2001/C 348/23)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 2 October
2001 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,
acting as Agents.

The applicant claims that the Court should:

— Declare that, by failing adequately to classify as special
protection areas the most suitable zones, in terms of
number and surface area, for the protection of those
to Council Directive
species mentioned in Annex I

In view of the present number and surface of the SPAs in Italy,
it is clear that many bird species listed in Annex I to the
Directive and many other migratory species are not adequately
protected. Another factor which shows the inadequacy of the
classification of the SPAs carried out by the Italian authorities
is the fact that a large number of internationally important
wetlands have not been designated. Moreover, a comparison
between the number of ‘Important bird areas’ (IBA) and the
number of IBAs partly or wholly covered by SPAs, so far as
certain autonomous regions and provinces are concerned,
shows that, notwithstanding that the situation has improved
for a number of regions, there remain some substantial aspects
in which they fall short,
in particular in respect of some
regions which are extremely important for wild birds.

Finally, the information sent by Italy to the Commission is in
many ways inadequate. In particular, the ornithological data is
often inadequate inasmuch as it is both incomplete and
inaccurate. Those deficiencies infringe Article 4(3) of the
Directive and prevent the Commission from being able to
carry out its coordinating role in order to ensure that the
SPAs form a coherent whole which meets the protection
requirements of the affected species.

(1) OJ 1979 L 103 of 25.4.1979, p. 1.