Case C-371/01: Action brought on 26 September 2001 by the Commission of the European Communities against the Hellenic Republic
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, genetically modified organism, occupational safety, 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.