Case C-436/01: Action brought on 12 November 2001 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2002-01-19
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, genetically modified organism, occupational safety, public health

19.1.2002

EN

Official Journal of the European Communities

C 17/9

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The binding nature of the third paragraph of Article 249 EC is
such as to require Member States to whom directives are
addressed to adopt the measures needed to comply with them
before the expiry of the time-limit prescribed in such directives.
The time-limit prescribed in Article 21(1) of Directive 96/61
expired on 30 October 1999 but the Kingdom of Belgium has
not adopted the requisite provisions.

The pleas in law and main arguments are analogous to those
in Case C-435/01 (3); the time-limit prescribed in Article 2 of
Directive 98/81/EC expired on 5 June 2001.

(1) OJ 1999 L 93, p. 27.
(2) OJ 1990 L 117, p. 1.
(3) See page 8 of this Official Journal.

(1) OJ 1996 L 257, p. 26.

Action brought on 20 November 2001 by the Com-
mission of the European Communities against the Hellen-
ic Republic

(Case C-450/01)

(2002/C 17/15)

Action brought on 12 November 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 20 No-
vember 2001 by the Commission of the European Communi-
ties, represented by Maria Kondou-Durande, Legal Adviser.

(Case C-436/01)

(2002/C 17/14)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.

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
1999/8/EC (1) of 18 February 1999 amending Council
Directive 66/402/EEC on the marketing of cereal seed,
the Hellenic Republic has failed to fulfil its obligations
under the Treaty and that directive;

— order the Hellenic Republic to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

1.

declare that, by failing within the time-limits prescribed
to adopt all the laws, regulations and administrative
provisions necessary to comply with Council Directive
98/81/EC (1) of 26 October 1998 amending Directive
90/219/EEC (2) on the contained use of genetically modi-
fied micro-organisms, or at any rate to notify the same to
the Commission, the Kingdom of Belgium has failed to
fulfil its obligations under that directive;

2.

order the Kingdom of Belgium to pay the costs.

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.