Judgment of the Court (Fourth Chamber) of 11 October 2001 in Case C-457/99: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directive 95/69/EC — Animal nutrition — Non-implementation)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, animal nutrition, food additive, food inspection

8.12.2001

EN

Official Journal of the European Communities

C 348/5

(Supreme Court), Sweden for a preliminary ruling in the
proceedings pending before that court between Riksskattever-
ket and Soghra Gharehveran — on the interpretation of
Council Directive 80/987/EEC of 20 October 1980 on the
approximation of the laws of the Member States relating to
the protection of employees in the event of the insolvency of
their employer (OJ 1980 L 283, p. 23), as amended by the Act
concerning the conditions of accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1,
p. 1) — the Court (Fifth Chamber), composed of: P. Jann,
President of the Chamber, A. La Pergola (Rapporteur), L. Sevo´ n,
M. Wathelet and C.W.A. Timmermans, Judges; L.A. Geelhoed,
Advocate General; R. Grass, for the Registrar, has given a
judgment on 18 October 2001, in which it has ruled:

1.

the Annex to Council Directive
Point G of Section I of
80/987/EEC of 20 October 1980 on the approximation of
the laws of the Member States relating to the protection of
employees in the event of the insolvency of their employer, as
amended by the Act concerning the conditions of accession of
the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden and the adjustments to the Treaties on
which the European Union is founded, is to be interpreted as
not allowing the Kingdom of Sweden to exclude from the group
of persons covered by the wage payment guarantee provided for
by the Directive employees whose close relative owned, less than
six months before the petition in insolvency, at least 20 % of
the shares of the company employing them, when the employees
concerned did not themselves have any share in the capital of
that company.

2. Where a Member State has designated itself as liable to fulfil
the obligation to meet wage and salary claims guaranteed under
Directive 80/987/EEC, an employee whose spouse was owner
of the company employing her is entitled to rely on the right to
claim pay against the Member State concerned before a national
court, notwithstanding the fact that, in breach of the Directive,
the legislation of that Member State expressly excludes from the
group of persons covered by the guarantee employees whose
close relative was owner of at least 20 % of the shares of the
company but who did not themselves have any share in the
capital of that company.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 11 October 2001

in Case C-457/99: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 95/69/EC — Animal nutrition — Non-implemen-
tation)

(2001/C 348/09)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-457/99: Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:
I.-K. Chalkias and D. Tsagkaraki) — application for a declar-
ation that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with:

— Council Directive 95/53/EC of 25 October 1995 fixing
the principles governing the organisation of official
inspections in the field of animal nutrition (OJ 1995
L 265, p. 17),

— Council Directive 95/69/EC of 22 December 1995 laying
down the conditions and arrangements for approving
and registering certain establishments and intermediaries
operating in the animal
feed sector and amending
Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and
82/471/EEC (OJ 1995 L 332, p. 15), and

— Commission Directive 97/72/EC of 15 December 1997
amending Council Directive 70/524/EEC concerning
additives in feedingstuffs (OJ 1997 L 351, p. 55),

the Hellenic Republic has failed to fulfil its obligations under
the EC Treaty and those Directives — the Court (Fourth
Chamber), composed of: S. von Bahr, President of the Chamb-
er, D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
S. Alber, Advocate General; R. Grass, Registrar, has given a
judgment on 11 October 2001, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Council Directive 95/69/EC of 22 December
1995 laying down the conditions and arrangements for
approving and registering certain establishments and intermedi-
feed sector and amending
aries operating in the animal

C 348/6

EN

Official Journal of the European Communities

8.12.2001

Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and
82/471/EEC, the Hellenic Republic has failed to fulfil
its
obligations under that Directive;

2. Orders the Hellenic Republic to pay the costs.

the Chamber, N. Colneric, C. Gulmann (Rapporteur),
J.-P. Puissochet and R. Schintgen,
Judges; C. Stix-Hackl,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 23 October 2001, in which
it has ruled:

(1) OJ C 47 of 19.2.2000.

1. As regards species covered by Appendix I to the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, concluded in Washington on 3 March 1973, Council
Regulation (EEC) No 3626/82 of 3 December 1982 on the
implementation in the Community of
the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora must be interpreted as not precluding legislation of a
Member State which lays down a general prohibition in its
territory of all commercial use of captive born and bred
specimens.

As regards species covered by Annex A to Council Regulation
(EC) No 338/97 of 9 December 1996 on the protection of
species of wild fauna and flora by regulating trade therein, that
Regulation must be interpreted as not precluding legislation of
a Member State which lays down a general prohibition in its
territory of all commercial use of captive born and bred
specimens.

2. As regards species covered by Appendix II to the Convention,
Regulation (EEC) No 3626/82 does not prohibit the commer-
cial use of specimens of those species, apart from the case
referred to in Article 6(2) where the specimens have been
introduced contrary to Article 5 of that Regulation.

As regards species covered by Annex B to Regulation (EEC)
No 338/97, that Regulation does not prohibit the commercial
use of specimens of those species, provided that the conditions
laid down in Article 8(5) of that Regulation are met.

Those regulations preclude legislation of a Member State imposing a
general prohibition in its territory of all commercial use of captive
born and bred specimens of those species, in so far as it applies to
specimens imported from other Member States, if it is apparent that
the objective of protection of the latter, as referred to in Article 15 of
Regulation (EEC) No 3626/82 or Article 36 of the EC Treaty (now,
after amendment, Article 30 EC), may be achieved just as effectively
by measures which are less restrictive of intra-Community trade.

(1) OJ C 47 of 19.2.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 23 October 2001

in Case C-510/99 (reference for a preliminary ruling from
the Tribunal de grande instance de Grenoble (France)):
criminal proceedings against Xavier Tridon, third parties:
Fédération départementale des chasseurs de l’Isère and
Fédération Rhône-Alpes de protection de la nature (Frap-
na), section Isère (1)

(Wild fauna and flora — Endangered species — Application
in the Community of the Washington Convention)

(2001/C 348/10)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-510/99: reference to the Court under Article 234
EC from the Tribunal de grande instance de Grenoble (Regional
(France) for a preliminary ruling in the
Court, Grenoble)
criminal proceedings pending before that court against Xavier
Tridon, third parties: Fédération départementale des chasseurs
de l’Isère and Fédération Rhône-Alpes de protection de la
nature (Frapna), section Isère — on the interpretation of
Articles 30 and 36 of the EC Treaty (now, after amendment,
Articles 28 EC and 30 EC), Council Regulation (EEC)
No 3626/82 of 3 December 1982 on the implementation in
the Community of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (OJ 1982 L 384,
p. 1), in particular Articles 6 and 15, Council Regulation (EC)
No 338/97 of 9 December 1996 on the protection of species
of wild fauna and flora by regulating trade therein (OJ 1997
L 61, p. 1) and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora concluded in
Washington on 3 March 1973,
in particular Articles VII
and XIV — the Court, composed of: F. Macken, President of