Case C-451/01: Action brought on 21 November 2001 by the Commission of the European Communities against the Hellenic Republic
Date: 2002-01-19
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, animal nutrition, dietary product, marketing standard

C 17/10

EN

Official Journal of the European Communities

19.1.2002

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

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.

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 50, 26.2.1999, p. 26.

(1) OJ L 209, 7.8.1999, p. 22.

Action brought on 21 November 2001 by the Com-
mission of the European Communities against the Hellen-
ic Republic

Action brought on 22 November 2001 by the Com-
mission of the European Communities against the Hellen-
ic Republic

(Case C-451/01)

(2002/C 17/16)

(Case C-453/01)

(2002/C 17/17)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 21 No-
vember 2001 by the Commission of the European Communi-
ties, represented by Maria Kondou-Durande, Legal Adviser.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 22 No-
vember 2001 by the Commission of the European Communi-
ties, represented by Maria Kondou-Durande, Legal Adviser.

The Commission claims that the Court should:

The Commission claims that the Court should:

— declare that, by not adopting within the time-limit laid
down the laws, regulations and administrative provisions
necessary
to comply with Commission Directive
1999/78/EC (1) of 27 July 1999 amending Directive
95/10/EC, the Hellenic Republic has failed to fulfil its
obligations under the Treaty and that directive;

— declare that, by not adopting within the time-limit laid
down the laws, regulations and administrative provisions
necessary to comply with Council Directive 98/58/EC (1)
of 20 July 1998 concerning the protection of animals
kept for farming purposes, the Hellenic Republic has
failed to fulfil its obligations under the Treaty and that
directive;

— order the Hellenic Republic to pay the costs.

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

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.

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.

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.